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e-CFR Data is current as of September 17, 2007
Title 50: Wildlife and Fisheries
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PART 13—GENERAL PERMIT PROCEDURES
Section Contents
Subpart A—Introduction
§ 13.1
§ 13.2
§ 13.3
§ 13.4
§ 13.5
General.
Purpose of regulations.
Scope of regulations.
Emergency variation from requirements.
Information collection requirements.
Subpart B—Application for Permits
§ 13.11 Application procedures.
§ 13.12 General information requirements on applications for permits.
Subpart C—Permit Administration
§ 13.21
§ 13.22
§ 13.23
§ 13.24
§ 13.25
§ 13.26
§ 13.27
§ 13.28
§ 13.29
Issuance of permits.
Renewal of permits.
Amendment of permits.
Right of succession by certain persons.
Transfer of permits and scope of permit authorization.
Discontinuance of permit activity.
Permit suspension.
Permit revocation.
Review procedures.
Subpart D—Conditions
§ 13.41
§ 13.42
§ 13.43
§ 13.44
§ 13.45
§ 13.46
§ 13.47
§ 13.48
§ 13.49
§ 13.50
Humane conditions.
Permits are specific.
Alteration of permits.
Display of permit.
Filing of reports.
Maintenance of records.
Inspection requirement.
Compliance with conditions of permit.
Surrender of permit.
Acceptance of liability.
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Authority: 16 U.S.C. 668a, 704, 712, 742j–l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374,
4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701.
Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.
Subpart A—Introduction
top
§ 13.1 General.
top
Link to an amendment published at 72 FR 48445, August 23, 2007.
Each person intending to engage in an activity for which a permit is required by this subchapter B shall,
before commencing such activity, obtain a valid permit authorizing such activity. Each person who
desires to obtain the permit privileges authorized by this subchapter must make application for such
permit in accordance with the requirements of this part 13 and the other regulations in this subchapter
which set forth the additional requirements for the specific permits desired. If the activity for which
permission is sought is covered by the requirements of more than one part of this subchapter, the
requirements of each part must be met. If the information required for each specific permitted activity is
included, one application will be accepted for all permits required, and a single permit will be issued.
§ 13.2 Purpose of regulations.
top
The regulations contained in this part provide uniform rules, conditions, and procedures for the
application for and the issuance, denial, suspension, revocation, and general administration of all
permits issued pursuant to this subchapter B.
[54 FR 38147, Sept. 14, 1989]
§ 13.3 Scope of regulations.
top
The provisions in this part are in addition to, and are not in lieu of, other permit regulations of this
subchapter and apply to all permits issued thereunder, including “Importation, Exportation and
Transportation of Wildlife” (part 14), “Wild Bird Conservation Act” (part 15), “Injurious Wildlife” (part 16),
“Endangered and Threatened Wildlife and Plants” (part 17), “Marine Mammals” (part 18), “Migratory Bird
Permits” (part 21), “Eagle Permits” (part 22), and “Endangered Species Convention” (the Convention on
International Trade in Endangered Species of Wild Fauna and Flora) (part 23). As used in this part 13,
the term “permit” will refer to a license, permit, certificate, letter of authorization, or other document as
the context may require, and to all such documents issued by the Service or other authorized U.S. or
foreign government agencies.
[70 FR 18317, Apr. 11, 2005]
§ 13.4 Emergency variation from requirements.
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top
The Director may approve variations from the requirements of this part when he finds that an emergency
exists and that the proposed variations will not hinder effective administration of this subchapter B, and
will not be unlawful.
§ 13.5 Information collection requirements.
top
(a) The Office of Management and Budget approved the information collection requirements contained
in this part 13 under 44 U.S.C. and assigned OMB Control Number 1018–0092. The Service may not
conduct or sponsor, and you are not required to respond, to a collection of information unless it displays
a currently valid OMB control number. We are collecting this information to provide information
necessary to evaluate permit applications. We will use this information to review permit applications and
make decisions, according to criteria established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial permits. You must respond to obtain or
retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to
4 hours per response, with an average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments
regarding the burden estimate or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction Project (1018–0092),
Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
Subpart B—Application for Permits
top
§ 13.11 Application procedures.
top
Link to an amendment published at 72 FR 48445, August 23, 2007.
The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed
an application under the following procedures:
(a) Forms. Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit
Application (Form 3–200) or as otherwise specifically directed by the Service.
(b) Forwarding instructions. Applications for permits in the following categories should be forwarded to
the issuing office indicated below.
(1) You may obtain applications for migratory bird banding permits (50 CFR 21.22) by writing to: Bird
Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel,
Maryland 20708–4037. Submit completed permit applications to the same address.
(2) You may obtain applications for designated port exception permits and import/export licenses (50
CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR
2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit
completed permit applications to the same address.
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(3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR 15); injurious wildlife
permits (50 CFR 16); captive-bred wildlife registrations (50 CFR 17); permits authorizing import, export,
or foreign commerce of endangered and threatened species, and interstate commerce of non-native
endangered or threatened species (50 CFR 17); marine mammal permits (50 CFR 18); and permits and
certificates for import, export, and reexport of species listed under the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR 23) from: U.S. Fish and Wildlife
Service, Division of Management Authority, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203–
1610. Submit completed permit applications to the same address.
(4) You may obtain Endangered Species Act permit applications (50 CFR 17) for activities involving
native endangered and threatened species, including incidental take, scientific purposes, enhancement
of propagation or survival ( i.e. , recovery), and enhancement of survival by writing to the Regional
Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see
50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions).
Submit completed applications to the same address (the Regional office covering the area where the
activity will take place). Permit applications for interstate commerce for native endangered and
threatened species should be obtained by writing to the Regional Director (Attention: Endangered
Species Permits) of the Region that has the lead for the particular species, rather than the Region where
the activity will take place. You can obtain information on the lead Region via the Service's Endangered
Species Program Web page ( http://endangered.fws.gov/wildlife.html ) by entering the common or
scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce
permit applications for native listed species to the same Regional Office that has the lead for that
species. Endangered Species Act permit applications for the import or export of native endangered and
threatened species may be obtained from the Division of Management Authority in accordance with
paragraph (b)(3) of this section.
(5) You may obtain applications for bald and golden eagle permits (50 CFR 22) and migratory bird
permits (50 CFR 21), except for banding and marking permits, by writing to the Migratory Bird Permit
Program Office in the Region in which you reside. For mailing addresses for the Migratory Bird Regional
Permit Offices, see below, or go to: http://permits.fws.gov/mbpermits/addresses.html. Send completed
applications to the same address. The mailing addresses for the Regional Migratory Bird Permit Offices
are as follows:
Region 1 (CA, HI, ID, NV, OR, WA): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, 911
N.E. 11th Avenue, Portland, OR 97232–4181.
Region 2 (AZ, NM, OK, TX): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 709,
Albuquerque, NM 87103.
Region 3 (IA, IL, IN, MN, MO, MI, OH, WI): U.S. Fish and Wildlife Service, Migratory Bird Permit Office,
One Federal Drive, Fort Snelling, MN 55111.
Region 4 (AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI): U.S. Fish and Wildlife Service, Migratory Bird
Permit Office, P.O. Box 49208, Atlanta, GA 30359.
Region 5 (CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, WV): U.S. Fish and Wildlife Service,
Migratory Bird Permit Office, P.O. Box 779, Hadley, MA 01035–0779.
Region 6 (CO, KS, MT, ND, NE, SD, UT, WY): U.S. Fish and Wildlife Service, Migratory Bird Permit
Office, P.O. Box 25486, DFC (60130), Denver, CO 80225–0486.
Region 7 (AK): U.S. Fish and Wildlife Service, Migratory Bird Permit Office (MS–201), 1011 E. Tudor
Road, Anchorage, AK 99503.
(c) Time notice. The Service will process all applications as quickly as possible. However, we cannot
guarantee final action within the time limit you request. You should ensure that applications for permits
for marine mammals and/or endangered and threatened species are postmarked at least 90 calendar
days prior to the requested effective date. The time we require for processing of endangered and
threatened species incidental take permits will vary according to the project scope and significance of
effects. Submit applications for all other permits to the issuing/reviewing office and ensure they are
postmarked at least 60 calendar days prior to the requested effective date. Our processing time may be
increased by the procedural requirements of the National Environmental Policy Act (NEPA), the
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requirement to publish a notice in theFederal Registerrequesting a 30-day public comment period when
we receive certain types of permit applications, and/or the time required for extensive consultation within
the Service, with other Federal agencies, and/or State or foreign governments. When applicable, we
may require permit applicants to provide additional information on the proposal and on its environmental
effects as may be necessary to satisfy the procedural requirements of NEPA.
(d) Fees. (1) Unless otherwise exempted under this subsection, you must pay the required permit
processing fee at the time that you apply for issuance or amendment of a permit. You must pay by check
or money order made payable to the “U.S. Fish and Wildlife Service.” The Service will not refund any
application fee under any circumstances if we have processed the application. However, we may return
the application fee if you withdraw the application before we have significantly processed it.
(2) If regulations in this subchapter require more than one type of permit for an activity and the permits
are issued by the same office, the issuing office may issue one consolidated permit authorizing the
activity in accordance with §13.1. You may submit a single application in such cases, provided that the
single application contains all the information required by the separate applications for each permitted
activity. Where more than one permitted activity is consolidated into one permit, the issuing office will
charge the highest single fee for the activity permitted.
(3) Circumstances under which we will not charge a permit application fee are as follows:
(i) We will not charge a permit application fee to any Federal, tribal, State, or local government agency or
to any individual or institution acting on behalf of such agency. Except as otherwise authorized or
waived, if you fail to submit evidence of such status with your application, we will require the submission
of all processing fees prior to the acceptance of the application for processing.
(ii) As noted in paragraph (d)(4) of this section.
(iii) We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances
provided that the issuing permit office and a Regional or Assistant Director approves the waiver.
(4) User fees. The following table identifies specific fees for each permit application or amendment to a
current permit. If no fee is identified under the Amendment Fee column, this particular permit either
cannot be amended and a new application, and application fee, would need to be submitted or no fee
will be charged for amending the permit (please contact the issuing office for further information).
CFR
Type of permit
citation
Migratory Bird Treaty Act
Migratory Bird Import/Export
50 CFR
21
Migratory Bird Banding or Marking
50 CFR
21
Migratory Bird Scientific Collecting
50 CFR
21
Migratory Bird Taxidermy
50 CFR
21
Waterfowl Sale and Disposal
50 CFR
21
Special Canada Goose
50 CFR
21
Migratory Bird Special Purpose/Education
50 CFR
21
Migratory Bird Special Purpose/Salvage
50 CFR
Amendment
Fee
fee
$75
100
$50
100
75
75
75
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21
Migratory Bird Special Purpose/Game Bird
50 CFR
75
Propagation
21
Migratory Bird Special Purpose/Miscellaneous
50 CFR 100
21
Falconry
50 CFR 100
21
Raptor Propagation
50 CFR 100
21
Migratory Bird Rehabilitation
50 CFR
50
21
Migratory Bird Depredation
50 CFR 100
21
Migratory Bird Depredation/Homeowner
50 CFR
50
21
Bald and Golden Eagle Protection Act
Eagle Scientific Collecting
50 CFR 100
22
Eagle Exhibition
50 CFR
75
22
Eagle Falconry
50 CFR 100
22
Eagle—Native American Religion
50 CFR
22
Eagle Depredation
50 CFR 100
22
Golden Eagle Nest Take
50 CFR 100
22
Eagle Transport—Scientific or Exhibition
50 CFR
75
22
Eagle Transport—Native American Religious
50 CFR
(1 )
Purposes
22
Endangered Species Act/CITES/Lacey Act
ESA Recovery
50 CFR 100
17
ESA Interstate Commerce
50 CFR 100
17
ESA Enhancement of Survival (Safe Harbor
50 CFR
50
Agreement)
17
ESA Enhancement of Survival (Candidate
50 CFR
50
Conservation Agreement with Assurances)
17
ESA Incidental Take (Habitat Conservation Plan) 50 CFR 100
17
ESA and CITES Import/Export and Foreign
50 CFR 100
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50
50
50
50
(1)
50
50
25
25
50
50
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Commerce
ESA and CITES Museum Exchange
17
50 CFR 100
17
ESA Captive-bred Wildlife Registration
50 CFR 200
17
—Renewal of Captive-bred wildlife
50 CFR 100
registration
17
CITES Import (including trophies under ESA and 50 CFR 100
MMPA)
17, 18,
23
CITES Export
50 CFR 100
23
CITES Pre-Convention
50 CFR
75
23
CITES Certificate of Origin
50 CFR
75
23
CITES Re-Export
50 CFR
75
23
CITES Personal Effects and Pet Export/Re50 CFR
50
Export
23
CITES Appendix II Export (native furbearers and 50 CFR 100
alligators—excluding live animals)
23
CITES Master File (includes files for artificial
50 CFR 200
propagation, biomedical, etc. and covers import, 23
export, and re-export documents)
—Renewal of CITES Master File
50 CFR 100
23
25
—Single-use permits issued on Master 50 CFR
File
23
CITES Annual Program File
50 CFR
50
23
25
—Single-use permits issued under
50 CFR
Annual Program
23
CITES replacement documents (lost, stolen, or 50 CFR
50
damaged documents)
23
CITES Passport for Traveling Exhibitions and
50 CFR 375
Pets
23
CITES/ESA Passport for Traveling Exhibitions
50 CFR 3100
23
Import/Export License
50 CFR 100
14
Designated Port Exception
50 CFR 100
14
Injurious Wildlife Permit
50 CFR 100
16
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50
100
50
50
40
40
40
50
100
50
50
50
50
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—Transport Authorization for Injurious 50 CFR
Wildlife
16
Wild Bird Conservation Act (WBCA)
Personal Pet Import
50 CFR
15
WBCA Scientific Research, Zoological Breeding 50 CFR
or Display, Cooperative Breeding
15
WBCA Approval of Cooperative Breeding
50 CFR
Programs
15
—Renewal of a WBCA Cooperative
50 CFR
Breeding Program
15
WBCA Approval of a Foreign Breeding Facility
50 CFR
15
Marine Mammal Protection Act
Marine Mammal Public Display
50 CFR
18
Marine Mammal Scientific
50 CFR
Research/Enhancement/Registered Agent or
18
Tannery
—Renewal of Marine Mammal Scientific 50 CFR
Research/Enhancement/Registered
18
Agent or Tannery
1No
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25
50
100
50
200
100
50
4250
300
150
150
75
75
fee.
2Each.
3Per
animal.
4Per
species.
(5) We will charge a fee for substantive amendments made to permits within the time period that the
permit is still valid. The fee is generally half the original fee assessed at the time that the permit is
processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are
those that pertain to the purpose and conditions of the permit and are not purely administrative.
Administrative changes, such as updating name and address information, are required under 13.23(c),
and we will not charge a fee for such amendments.
(6) Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a
new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of
this section.
(e) Abandoned or incomplete applications. If we receive an incomplete or improperly executed
application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If
you fail to supply the correct information to complete the application or to pay the required fees within 45
calendar days of the date of notification, we will consider the application abandoned. We will not refund
any fees for an abandoned application.
[70 FR 18317, Apr. 11, 2005]
§ 13.12 General information requirements on applications for permits.
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top
Link to an amendment published at 72 FR 48446, August 23, 2007.
(a) General information required for all applications. All applications must contain the following
information:
(1) Applicant's full name, mailing address, telephone number(s), and,
(i) If the applicant is an individual, the date of birth, height, weight, hair color, eye color, sex, and any
business or institutional affiliation of the applicant related to the requested permitted activity; or
(ii) If the applicant is a corporation, firm, partnership, association, institution, or public or private agency,
the name and address of the president or principal officer and of the registered agent for the service of
process;
(2) Location where the requested permitted activity is to occur or be conducted;
(3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section
under which the application is made for a permit or permits, together with any additional justification,
including supporting documentation as required by the referenced part(s) and section(s);
(4) If the requested permitted activity involves the import or re-export of wildlife or plants from or to any
foreign country, and the country of origin, or the country of export or re-export restricts the taking,
possession, transportation, exportation, or sale of wildlife or plants, documentation as indicated in
§14.52(c) of this subchapter B;
(5) Certification in the following language:
I hereby certify that I have read and am familiar with the regulations contained in title 50, part
13, of the Code of Federal Regulations and the other applicable parts in subchapter B of
chapter I of title 50, Code of Federal Regulations, and I further certify that the information
submitted in this application for a permit is complete and accurate to the best of my
knowledge and belief. I understand that any false statement herein may subject me to
suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001.
(6) Desired effective date of permit except where issuance date is fixed by the part under which the
permit is issued;
(7) Date;
(8) Signature of the applicant; and
(9) Such other information as the Director determines relevant to the processing of the application,
including, but not limited to, information on the environmental effects of the activity consistent with 40
CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A.
(b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section
certain additional information is required on all applications. These additional requirements may be
found by referring to the section of this subchapter B cited after the type of permit for which application is
being made:
Type of permit
Importation at nondesignated ports:
Scientific
Deterioration prevention
Section
14.31
14.32
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Economic hardship
Marking of package or container:
Symbol marking
Import/export license
Feather import quota: Importation or entry
Injurious wildlife: Importation or shipment
Endangered wildlife and plant permits:
Similarity of appearance
Scientific, enhancement of propagation or survival, incidental
taking for wildlife
Scientific, propagation, or survival for plants
Economic hardship for wildlife
Economic hardship for plants
Threatened wildlife and plant permits:
Similarity of appearance
General for wildlife
American alligator-buyer or tanner
General for plants
Marine mammals permits:
Scientific research
Public display
Migratory bird permits:
Banding or marking
Scientific collecting
Taxidermist
Waterfowl sale and disposal
Special aviculturist
Special purpose
Falconry
Raptor propagation permit
Depredation control
Eagle permits:
Scientific or exhibition
Indian religious use
Depredation control
Falconry purposes
Take of golden eagle nests
Endangered Species Convention permits
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14.33
14.83
14.93
15.21
16.22
17.52
17.22
17.62
17.23
17.63
17.52
17.32
17.42
(a)
17.72
18.31
18.31
21.22
21.23
21.24
21.25
21.26
21.27
21.28
21.30
21.41
22.21
22.22
22.23
22.24
22.25
23.15
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977;
44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154,
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Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983;
50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR 18319,
Apr. 11, 2005]
Subpart C—Permit Administration
top
§ 13.21 Issuance of permits.
top
(a) No permit may be issued prior to the receipt of a written application therefor, unless a written
variation from the requirements, as authorized by §13.4, is inserted into the official file of the Bureau. An
oral or written representation of an employee or agent of the United States Government, or an action of
such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit
as defined in 50 CFR 10.12.
(b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate
permit unless:
(1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute
or regulation relating to the activity for which the application is filed, if such assessment or conviction
evidences a lack of responsibility.
(2) The applicant has failed to disclose material information required, or has made false statements as to
any material fact, in connection with his application;
(3) The applicant has failed to demonstrate a valid justification for the permit and a showing of
responsibility;
(4) The authorization requested potentially threatens a wildlife or plant population, or
(5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not
qualified.
(c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued
under this part.
(1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person
from receiving or exercising the privileges of a permit, unless such disqualification has been expressly
waived by the Director in response to a written petition.
(2) The revocation of a permit for reasons found in §13.28 (a)(1) or (a)(2) disqualifies any such person
from receiving or exercising the privileges of a similar permit for a period of five years from the date of
the final agency decision on such revocation.
(3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to
judgement disqualifies such person from receiving or exercising the privileges of a permit as long as
such moneys are owed to the United States. This requirement shall not apply to any civil penalty
presently subject to administrative or judicial appeal; provided that the pendency of a collection action
brought by the United States or its assignees shall not constitute an appeal within the meaning of this
subsection.
(4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from
receiving or exercising the privileges of a permit as long as the deficiency exists.
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(d) Use of supplemental information. The issuing officer, in making a determination under this
subsection, may use any information available that is relevant to the issue. This may include any prior
conviction, or entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a
violation of any Federal or State law or regulation governing the permitted activity. It may also include
any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer
shall consider all relevant facts or information available, and may make independent inquiry or
investigation to verify information or substantiate qualifications asserted by the applicant.
(e) Conditions of issuance and acceptance —(1) Conditions of issuance and acceptance. Any permit
automatically incorporates within its terms the conditions and requirements of subpart D of this part and
of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is issued,
as well as any other conditions deemed appropriate and included on the face of the permit at the
discretion of the Director.
(2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for
close regulation and monitoring of the permitted activity by the Government. By accepting such permit,
the permittee consents to and shall allow entry by agents or employees of the Service upon premises
where the permitted activity is conducted at any reasonable hour. Service agents or employees may
enter such premises to inspect the location; any books, records, or permits required to be kept by this
subchapter B; and any wildlife or plants kept under authority of the permit.
(f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of
the permit. Such period shall include the effective date and the date of expiration.
(g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria
set forth in this section or in the part(s) or section(s) specifically governing the activity for which the
permit is requested.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54
FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]
§ 13.22 Renewal of permits.
top
Link to an amendment published at 72 FR 48446, August 23, 2007.
(a) Application for renewal. Applicants for renewal of a permit must submit a written application at least
30 days prior to the expiration date of the permit. Applicants must certify in the form required by §13.12
(a)(5) that all statements and information in the original application remain current and correct, unless
previously changed or corrected. If such information is no longer current or correct, the applicant must
provide corrected information.
(b) Renewal criteria. The Service shall issue a renewal of a permit if the applicant meets the criteria for
issuance in §13.21(b) and is not disqualified under §13.21(c).
(c) Continuation of permitted activity. Any person holding a valid, renewable permit, who has complied
with this section, may continue the activities authorized by the expired permit until the Service has acted
on such person's application for renewal.
(d) Denial. The issuing officer may deny renewal of a permit to any applicant who fails to meet the
issuance criteria set forth in §13.21 of this part, or in the part(s) or section(s) specifically governing the
activity for which the renewal is requested.
[54 FR 38148, Sept. 14, 1989]
§ 13.23 Amendment of permits.
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(a) Permittee's request. Where circumstances have changed so that a permittee desires to have any
condition of his permit modified, such permittee must submit a full written justification and supporting
information in conformity with this part and the part under which the permit was issued.
(b) The Service reserves the right to amend any permit for just cause at any time during its term, upon
written finding of necessity, provided that any such amendment of a permit issued under §17.22(b)
through (d) or §17.32(b) through (d) of this subchapter shall be consistent with the requirements of
§17.22(b)(5), (c)(5) and (d)(5) or §17.32(b)(5), (c)(5) and (d)(5) of this subchapter, respectively.
(c) Change of name or address. A permittee is not required to obtain a new permit if there is a change in
the legal individual or business name, or in the mailing address of the permittee. A permittee is required
to notify the issuing office within 10 calendar days of such change. This provision does not authorize any
change in location of the conduct of the permitted activity when approval of the location is a qualifying
condition of the permit.
[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]
§ 13.24 Right of succession by certain persons.
top
(a) Certain persons other than the permittee are authorized to carry on a permitted activity for the
remainder of the term of a current permit, provided they comply with the provisions of paragraph (b) of
this section. Such persons are the following:
(1) The surviving spouse, child, executor, administrator, or other legal representative of a deceased
permittee; or
(2) A receiver or trustee in bankruptcy or a court designated assignee for the benefit of creditors.
(b) In order to qualify for the authorization provided in this section, the person or persons desiring to
continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from
the date the successor begins to carry on the activity.
(c) In the case of permits issued under §17.22(b) through (d) or §17.32(b) through (d) of this subchapter
B, the successor's authorization under the permit is also subject to a determination by the Service that:
(1) The successor meets all of the qualifications under this part for holding a permit;
(2) The successor has provided adequate written assurances that it will provide sufficient funding for the
conservation plan or Agreement and will implement the relevant terms and conditions of the permit,
including any outstanding minimization and mitigation requirements; and
(3) The successor has provided such other information as the Service determines is relevant to the
processing of the request.
[64 FR 32711, June 17, 1999]
§ 13.25 Transfer of permits and scope of permit authorization.
top
(a) Except as otherwise provided for in this section, permits issued under this part are not transferable or
assignable.
(b) Permits issued under §17.22(b) or §17.32(b) of this subchapter B may be transferred in whole or in
part through a joint submission by the permittee and the proposed transferee or in the case of a
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deceased permittee, the deceased permittee's legal representative and the proposed transferee,
provided the Service determines that:
(1) The proposed transferee meets all of the qualifications under this part for holding a permit;
(2) The proposed transferee has provided adequate written assurances that it will provide sufficient
funding for the conservation plan or Agreement and will implement the relevant terms and conditions of
the permit, including any outstanding minimization and mitigation requirements; and
(3) The proposed transferee has provided such other information as the Service determines is relevant
to the processing of the submission.
(c) In the case of the transfer of lands subject to an agreement and permit issued under §17.22(c) or (d)
or §17.32 (c) or (d) of this subchapter B, the Service will transfer the permit to the new owner if the new
owner agrees in writing to become a party to the original agreement and permit.
(d) Except as otherwise stated on the face of the permit, any person who is under the direct control of
the permittee, or who is employed by or under contract to the permittee for purposes authorized by the
permit, may carry out the activity authorized by the permit.
(e) In the case of permits issued under §17.22(b)–(d) or §17.32(b)–(d) of this subchapter to a State or
local governmental entity, a person is under the direct control of the permittee where:
(1) The person is under the jurisdiction of the permittee and the permit provides that such person(s) may
carry out the authorized activity; or
(2) The person has been issued a permit by the governmental entity or has executed a written
instrument with the governmental entity, pursuant to the terms of the implementing agreement.
[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004]
§ 13.26 Discontinuance of permit activity.
top
When a permittee, or any successor to a permittee as provided for by §13.24, discontinues activities
authorized by a permit, the permittee shall within 30 calendar days of the discontinuance return the
permit to the issuing office together with a written statement surrendering the permit for cancellation. The
permit shall be deemed void and cancelled upon its receipt by the issuing office. No refund of any fees
paid for issuance of the permit or for any other fees or costs associated with a permitted activity shall be
made when a permit is surrendered for cancellation for any reason prior to the expiration date stated on
the face of the permit.
[54 FR 38149, Sept. 14, 1989]
§ 13.27 Permit suspension.
top
(a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be
suspended at any time if the permittee is not in compliance with the conditions of the permit, or with any
applicable laws or regulations governing the conduct of the permitted activity. The issuing officer may
also suspend all or part of the privileges authorized by a permit if the permittee fails to pay any fees,
penalties or costs owed to the Government. Such suspension shall remain in effect until the issuing
officer determines that the permittee has corrected the deficiencies.
(b) Procedure for suspension. (1) When the issuing officer believes there are valid grounds for
suspending a permit the permittee shall be notified in writing of the proposed suspension by certified or
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registered mail. This notice shall identify the permit to be suspended, the reason(s) for such suspension,
the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the
proposed suspension. The issuing officer may amend any notice of suspension at any time.
(2) Upon receipt of a notice of proposed suspension the permittee may file a written objection to the
proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of
the notice of proposal, must state the reasons why the permittee objects to the proposed suspension,
and may include supporting documentation.
(3) A decision on the suspension shall be made within 45 days after the end of the objection period. The
issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore.
The issuing officer shall also provide the applicant with the information concerning the right to request
reconsideration of the decision under §13.29 of this part and the procedures for requesting
reconsideration.
[54 FR 38149, Sept. 14, 1989]
§ 13.28 Permit revocation.
top
(a) Criteria for revocation. A permit may be revoked for any of the following reasons:
(1) The permittee willfully violates any Federal or State statute or regulation, or any Indian tribal law or
regulation, or any law or regulation of any foreign country, which involves a violation of the conditions of
the permit or of the laws or regulations governing the permitted activity; or
(2) The permittee fails within 60 days to correct deficiencies that were the cause of a permit suspension;
or
(3) The permittee becomes disqualified under §13.21(c) of this part; or
(4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a
permit issued by the Service; or
(5) Except for permits issued under §17.22(b) through (d) or §17.32(b) through (d) of this subchapter,
the population(s) of the wildlife or plant that is the subject of the permit declines to the extent that
continuation of the permitted activity would be detrimental to maintenance or recovery of the affected
population.
(b) Procedure for revocation. (1) When the issuing officer believes there are valid grounds for revoking a
permit, the permittee shall be notified in writing of the proposed revocation by certified or registered mail.
This notice shall identify the permit to be revoked, the reason(s) for such revocation, the proposed
disposition of the wildlife, if any, and inform the permittee of the right to object to the proposed
revocation. The issuing officer may amend any notice of revocation at any time.
(2) Upon receipt of a notice of proposed revocation the permittee may file a written objection to the
proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of
the notice of proposal, must state the reasons why the permittee objects to the proposed revocation, and
may include supporting documentation.
(3) A decision on the revocation shall be made within 45 days after the end of the objection period. The
issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore,
together with the information concerning the right to request and the procedures for requesting
reconsideration.
(4) Unless a permittee files a timely request for reconsideration, any wildlife held under authority of a
permit that is revoked must be disposed of in accordance with instructions of the issuing officer. If a
permittee files a timely request for reconsideration of a proposed revocation, such permittee may retain
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possession of any wildlife held under authority of the permit until final disposition of the appeal process.
[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]
§ 13.29 Review procedures.
top
(a) Request for reconsideration. Any person may request reconsideration of an action under this part if
that person is one of the following:
(1) An applicant for a permit who has received written notice of denial;
(2) An applicant for renewal who has received written notice that a renewal is denied;
(3) A permittee who has a permit amended, suspended, or revoked, except for those actions which are
required by changes in statutes or regulations, or are emergency changes of limited applicability for
which an expiration date is set within 90 days of the permit change; or
(4) A permittee who has a permit issued or renewed but has not been granted authority by the permit to
perform all activities requested in the application, except when the activity requested is one for which
there is no lawful authority to issue a permit.
(b) Method of requesting reconsideration. Any person requesting reconsideration of an action under this
part must comply with the following criteria:
(1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration
or by the legal representative of that person, and must be submitted to the issuing officer.
(2) The request for reconsideration must be received by the issuing officer within 45 calendar days of the
date of notification of the decision for which reconsideration is being requested.
(3) The request for reconsideration shall state the decision for which reconsideration is being requested
and shall state the reason(s) for the reconsideration, including presenting any new information or facts
pertinent to the issue(s) raised by the request for reconsideration.
(4) The request for reconsideration shall contain a certification in substantially the same form as that
provided by §13.12(a)(5). If a request for reconsideration does not contain such certification, but is
otherwise timely and appropriate, it shall be held and the person submitting the request shall be given
written notice of the need to submit the certification within 15 calendar days. Failure to submit
certification shall result in the request being rejected as insufficient in form and content.
(c) Inquiry by the Service. The Service may institute a separate inquiry into the matter under
consideration.
(d) Determination of grant or denial of a request for reconsideration. The issuing officer shall notify the
permittee of the Service's decision within 45 days of the receipt of the request for reconsideration. This
notification shall be in writing, shall state the reasons for the decision, and shall contain a description of
the evidence which was relied upon by the issuing officer. The notification shall also provide information
concerning the right to appeal, the official to whom an appeal may be addressed, and the procedures for
making an appeal.
(e) Appeal. A person who has received an adverse decision following submission of a request for
reconsideration may submit a written appeal to the Regional Director for the region in which the issuing
office is located, or to the Director for offices which report directly to the Director. An appeal must be
submitted within 45 days of the date of the notification of the decision on the request for reconsideration.
The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any
additional evidence or arguments to support the appeal.
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(f) Decision on appeal. (1) Before a decision is made concerning the appeal the appellant may present
oral arguments before the Regional Director or the Director, as appropriate, if such official judges oral
arguments are necessary to clarify issues raised in the written record.
(2) The Service shall notify the appellant in writing of its decision within 45 calendar days of receipt of
the appeal, unless extended for good cause and the appellant notified of the extension.
(3) The decision of the Regional Director or the Director shall constitute the final administrative decision
of the Department of the Interior.
[54 FR 38149, Sept. 14, 1989]
Subpart D—Conditions
top
§ 13.41 Humane conditions.
top
Any live wildlife possessed under a permit must be maintained under humane and healthful conditions.
[54 FR 38150, Sept. 14, 1989]
§ 13.42 Permits are specific.
top
The authorizations on the face of a permit that set forth specific times, dates, places, methods of taking
or carrying out the permitted activities, numbers and kinds of wildlife or plants, location of activity, and
associated activities that must be carried out; describe certain circumscribed transactions; or otherwise
allow a specifically limited matter, are to be strictly interpreted and will not be interpreted to permit similar
or related matters outside the scope of strict construction.
[70 FR 18320, Apr. 11, 2005]
§ 13.43 Alteration of permits.
top
Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or
mutilated shall immediately become invalid. Unless specifically permitted on the face thereof, no permit
shall be copied, nor shall any copy of a permit issued pursuant to this subchapter B be displayed,
offered for inspection, or otherwise used for any official purpose for which the permit was issued.
§ 13.44 Display of permit.
top
Any permit issued under this part shall be displayed for inspection upon request to the Director or his
agent, or to any other person relying upon its existence.
§ 13.45 Filing of reports.
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top
Permittees may be required to file reports of the activities conducted under the permit. Any such reports
shall be filed not later than March 31 for the preceding calendar year ending December 31, or any
portion thereof, during which a permit was in force, unless the regulations of this subchapter B or the
provisions of the permit set forth other reporting requirements.
§ 13.46 Maintenance of records.
top
Link to an amendment published at 72 FR 48446, August 23, 2007.
From the date of issuance of the permit, the permittee shall maintain complete and accurate records of
any taking, possession, transportation, sale, purchase, barter, exportation, or importation of plants
obtained from the wild (excluding seeds) or wildlife pursuant to such permit. Such records shall be kept
current and shall include names and addresses of persons with whom any plant obtained from the wild
(excluding seeds) or wildlife has been purchased, sold, bartered, or otherwise transferred, and the date
of such transaction, and such other information as may be required or appropriate. Such records shall
be legibly written or reproducible in English and shall be maintained for five years from the date of
expiration of the permit.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989]
§ 13.47 Inspection requirement.
top
Any person holding a permit under this subchapter B shall allow the Director's agent to enter his
premises at any reasonable hour to inspect any wildlife or plant held or to inspect, audit, or copy any
permits, books, or records required to be kept by regulations of this subchapter B.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]
§ 13.48 Compliance with conditions of permit.
top
Any person holding a permit under subchapter B and any person acting under authority of such permit
must comply with all conditions of the permit and with all appllicable laws and regulations governing the
permitted activity.
[54 FR 38150, Sept. 14, 1989]
§ 13.49 Surrender of permit.
top
Any person holding a permit under subchapter B shall surrender such permit to the issuing officer upon
notification that the permit has been suspended or revoked by the Service, and all appeal procedures
have been exhausted.
[54 FR 38150, Sept. 14, 1989]
§ 13.50 Acceptance of liability.
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top
Except as otherwise limited in the case of permits described in §13.25(d), any person holding a permit
under this subchapter B assumes all liability and responsibility for the conduct of any activity conducted
under the authority of such permit.
[64 FR 32711, June 17, 1999]
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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of September 17, 2007
Title 50: Wildlife and Fisheries
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PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
Section Contents
Subpart A—Introduction
§ 14.1
§ 14.2
§ 14.3
§ 14.4
Purpose of regulations.
Scope of regulations.
Information collection requirements.
What terms do I have to understand?
Subpart B—Importation and Exportation at Designated Ports
§ 14.11
§ 14.12
§ 14.13
§ 14.14
§ 14.15
§ 14.16
§ 14.17
§ 14.18
§ 14.19
§ 14.20
§ 14.21
§ 14.22
§ 14.23
§ 14.24
General restrictions.
Designated ports.
Emergency diversion.
In-transit shipments.
Personal baggage and household effects.
Border ports.
Personally owned pet birds.
Marine mammals.
Special ports.
Exceptions by permit.
Shellfish and fishery products.
Certain antique articles.
Live farm-raised fish and farm-raised fish eggs.
Scientific specimens.
Subpart C—Designated Port Exception Permits
§ 14.31 Permits to import or export wildlife at nondesignated port for scientific purposes.
§ 14.32 Permits to import or export wildlife at nondesignated port to minimize deterioration or
loss.
§ 14.33 Permits to import or export wildlife at nondesignated port to alleviate undue
economic hardship.
Subpart D [Reserved]
Subpart E—Inspection and Clearance of Wildlife
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§ 14.51
§ 14.52
§ 14.53
§ 14.54
§ 14.55
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Inspection of wildlife.
Clearance of imported wildlife.
Detention and refusal of clearance.
Unavailability of Service officers.
Exceptions to clearance requirements.
Subpart F—Wildlife Declarations
§ 14.61
§ 14.62
§ 14.63
§ 14.64
Import declaration requirements.
Exceptions to import declaration requirements.
Export declaration requirements.
Exceptions to export declaration requirements.
Subpart G [Reserved]
Subpart H—Marking of Containers or Packages
§ 14.81 Marking requirement.
§ 14.82 Alternatives and exceptions to the marking requirement.
Subpart I—Import/Export Licenses
§ 14.91
§ 14.92
§ 14.93
§ 14.94
License requirement.
Exceptions to license requirement.
License application procedure, conditions, and duration.
What fees apply to me?
Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and
Birds to the United States
§ 14.101
§ 14.102
§ 14.103
§ 14.104
§ 14.105
§ 14.106
§ 14.107
§ 14.108
§ 14.109
§ 14.110
§ 14.111
§ 14.112
Purposes.
Definitions.
Prohibitions.
Translations.
Consignment to carrier.
Primary enclosures.
Conveyance.
Food and water.
Care in transit.
Terminal facilities.
Handling.
Other applicable provisions.
Specifications for Nonhuman Primates
§ 14.121 Primary enclosures.
§ 14.122 Food and water.
§ 14.123 Care in transit.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, Pinnipeds, and
Polar Bears)
§ 14.131 Primary enclosures.
§ 14.132 Food and water.
§ 14.133 Care in transit.
Specifications for Elephants and Ungulates
§ 14.141 Consignment to carrier.
§ 14.142 Primary enclosures.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
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§ 14.151 Primary enclosures.
Specifications for Other Terrestrial Mammals
§ 14.161 Primary enclosures.
Specifications for Birds
§ 14.171 Consignment to carrier.
§ 14.172 Primary enclosures.
Subpart K—Captive Wildlife Safety Act
§ 14.250
§ 14.251
§ 14.252
§ 14.253
§ 14.254
§ 14.255
What is the purpose of these regulations?
What other regulations may apply?
What definitions do I need to know?
What are the restrictions contained in these regulations?
What are the requirements contained in these regulations?
Are there any exemptions to the restrictions contained in these regulations?
Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)–(f), 1540(f), 3371–3378, 4223–4244,
and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701.
Source: 45 FR 56673, Aug. 25, 1980, unless otherwise noted.
Subpart A—Introduction
top
§ 14.1 Purpose of regulations.
top
The regulations contained in this part provide uniform rules and procedures for the importation,
exportation, and transportation of wildlife.
§ 14.2 Scope of regulations.
top
The provisions in this part are in addition to, and do not supersede other regulations of this subchapter B
which may require a permit or prescribe additional restrictions or conditions for the importation,
exportation, and transportation of wildlife.
§ 14.3 Information collection requirements.
top
The Office of Management and Budget (OMB) has approved the information collection requirements
contained in this part 14 under 44 U.S.C. 3507 and assigned OMB Control Numbers 1018–0012, 1018–
0092, and 1018–0129. The Service may not conduct or sponsor and you are not required to respond to
a collection of information unless it displays a currently valid OMB control number. You can direct
comments regarding these information collection requirements to the Service's Information Collection
Clearance Officer, U.S. Fish and Wildlife Service, MS 222–ARLSQ, 4401 North Fairfax Drive, Arlington,
VA 22203 (mail) or (703) 358–2269 (fax).
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[72 FR 45946, Aug. 16, 2007]
§ 14.4 What terms do I have to understand?
top
In addition to definitions contained in part 10 of this subchapter, in this part:
Accompanying personal baggage means all hand-carried items and all checked baggage of a person
entering into or departing from the United States.
Accredited scientist means any individual associated with, employed by, or under contract to and
accredited by an accredited scientific institution for the purpose of conducting biological or medical
research, and whose research activities are approved and sponsored by the scientific institution granting
accreditation.
Accredited scientific institutions means any public museum, public zoological park, accredited institution
of higher education, accredited member of the American Zoo and Aquarium Association, accredited
member of the American Association of Systematic Collections, or any State or Federal government
agency that conducts biological or medical research.
Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or
intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife
article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a
presumption that eight or more similar unused items are for commercial use. The Service or the
importer/exporter/owner may rebut this presumption based upon the particular facts and circumstances
of each case.
Domesticated animals includes, but is not limited to, the following domesticated animals that are
exempted from the requirements of this subchapter B (except for species obtained from wild
populations).
Mammals: Alpaca— Lama alpaca; Camel— Camelus dromedarius; Camel (Boghdi)— Camelus
bactrianus; Cat (domestic)— Felis domesticus; Cattle— Bos taurus; Dog (domestic)— Canis familiaris;
European rabbit— Ortyctolagus cuniculus; Ferret (domestic)— Mustela putorius; Goat— Capra hircus;
Horse— Equus caballus; Llama— Lama glama; Pig— Sus scrofa; Sheep— Ovis aries; Water buffalo—
Bubalus bubalus; White lab mice— Mus musculus; White lab rate— Rattus norvegicus.
Fish (For export purposes only): Carp (koi)— Cyprinus carpio; Goldfish— Carassius auratus.
Birds: Chicken— Gallus domesticus; Ducks & geese—domesticated varieties; Guinea fowl— Numida
meleagris; Peafowl— Pavo cristatus; Pigeons (domesticated)— Columba livia domestrica; Turkey—
Meleagris gallopavo; Domesticated or Barnyard Mallards include: Pekin; Aylesbury; Bouen; Cayuga;
Gray Call; White Call; East Indian; Crested; Swedish; Buff Orpington; Indian Runner; Campbell; Duclair;
Merchtem; Termonde; Magpie; Chinese; Khaki Campbell.
Insects: Crickets, mealworms, honeybees (not to include Africanized varieties), and similar insects that
are routinely farm raised.
Other Invertebrates: Earthworms and similar invertebrates that are routinely farm raised.
Export means to depart from, to send from, to ship from, or to carry out of, or attempt to depart from, to
send from, to ship from, or to carry out of, or to consign to a carrier in any place subject to the jurisdiction
of the United States with an intended destination of any place not subject to the jurisdiction of the United
States, whether or not such departure, sending, or carrying, or shipping constitutes an exportation within
the meaning of the Custom laws of the United States. When a passenger leaving the jurisdiction of the
United States enters the designated international area of embarkation of an airport, all accompanying
personal hand-carried items and checked baggage will be regarded as exports.
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Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into
any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of the tariff laws of the United States.
We means Fish and Wildlife Service or Service.
You means licensee, or importer/exporter of record.
[61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart B—Importation and Exportation at Designated Ports
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§ 14.11 General restrictions.
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Except as otherwise provided in this part, no person may import or export any wildlife at any place other
than a Customs port of entry designated in §14.12.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980]
§ 14.12 Designated ports.
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The following ports of entry are designated for the importation and exportation of wildlife and wildlife
products and are referred to hereafter as “designated ports”:
(a) Anchorage, Alaska.
(b) Atlanta, Georgia.
(c) Baltimore, Maryland.
(d) Boston, Massachusetts.
(e) Chicago, Illinois.
(f) Dallas/Fort Worth, Texas.
(g) Honolulu, Hawaii.
(h) Houston, Texas.
(i) Los Angeles, California.
(j) Louisville, Kentucky.
(k) Memphis, Tennessee.
(l) Miami, Florida.
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(m) New Orleans, Louisiana.
(n) New York, New York.
(o) Portland, Oregon.
(p) San Francisco, California.
(q) Seattle, Washington.
[69 FR 70382, Dec. 6, 2004]
§ 14.13 Emergency diversion.
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Wildlife which has been imported into the United States at any port or place other than a designated port
solely as a result of a diversion due to an aircraft or vessel emergency must proceed as an in-transit
shipment under Customs bond to a designated port, or to any port where a permit or other provision of
this part provides for lawful importation.
§ 14.14 In-transit shipments.
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(a) Wildlife destined for a point within the United States may be imported into the United States at any
port if such wildlife proceeds as an in-transit shipment under Customs bond to a designated port, or to
any port where a permit or other provision of this part provides for lawful importation.
(b) Wildlife moving in-transit through the United States from one foreign country to another foreign
country is exempt from the designated port requirements of this part, if such wildlife is not unloaded
within the United States.
§ 14.15 Personal baggage and household effects.
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(a) Any person may import into or export from the United States at any Customs port wildlife products or
manufactured articles that are not intended for commercial use and are used as clothing or contained in
accompanying personal baggage. However, this exception to the designated port requirement does not
apply to any raw or dressed fur; raw, salted, or crusted hide or skin; game trophy; or to wildlife requiring
a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B.
(b) Wildlife products or manufactured articles, including mounted game trophies or tanned hides, which
are not intended for sale and are part of a shipment of the household effects of persons moving their
residence to or from the United States may be imported or exported at any Customs port of entry.
However, this exception to the designated port requirement does not apply to any raw fur; raw, salted, or
crusted hide or skin; or to wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this
subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996]
§ 14.16 Border ports.
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(a) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B,
wildlife whose country of origin is Canada or the United States may be imported or exported at any of
the following Customs ports of entry:
(1) Alaska—Alcan;
(2) Idaho—Eastport;
(3) Maine—Calais, Houlton, Jackman;
(4) Massachusetts—Boston;
(5) Michigan—Detroit, Port Huron, Sault Sainte Marie;
(6) Minnesota—Grand Portage, International Falls, Minneapolis-St. Paul;
(7) Montana—Raymond, Sweetgrass;
(8) New York—Buffalo-Niagara Falls, Champlain;
(9) North Dakota—Dunseith, Pembina, Portal;
(10) Ohio—Cleveland;
(11) Vermont—Derby Line, Highgate Springs; and
(12) Washington—Blaine, Sumas.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B,
wildlife whose country of origin is Mexico or the United States may be imported or exported at any of the
following Customs ports of entry:
(1) Arizona—Lukeville, Nogales;
(2) California—Calexico, San Diego-San Ysidro; and
(3) Texas—Brownsville, El Paso, Laredo.
(c) Except for wildlife requiring a permit pursuant to part 16, 17, 18, or 21 of this subchapter B, wildlife
lawfully taken by U.S. residents in the United States, Canada, or Mexico and imported or exported for
noncommercial purposes, may be imported or exported at any Customs port of entry.
§ 14.17 Personally owned pet birds.
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Any person may import a personally owned pet bird at any port designated under, and in accordance
with, 9 CFR part 92.
§ 14.18 Marine mammals.
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Any person subject to the jurisdiction of the United States who has lawfully taken a marine mammal on
the high seas and who is authorized to import such marine mammal in accordance with the Marine
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Mammal Protection Act of 1972 and implementing regulations (50 CFR parts 18 and 216) may import
such marine mammal at any port or place.
§ 14.19 Special ports.
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(a) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B,
wildlife which is imported for final destination in Alaska, Puerto Rico, or the Virgin Islands, may be
imported through those Customs ports of entry named hereafter for the respective State or Territory of
final destination:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto Rico.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B,
wildlife which originates in Alaska, Puerto Rico, or the Virgin Islands, may be exported through the
following Customs ports for the respective State or Territory:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto Rico.
(c) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B,
wildlife which has a final destination of Guam or which originates in Guam may be imported or exported,
as appropriate, through the port of Agana, Guam.
§ 14.20 Exceptions by permit.
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Wildlife may be imported into or exported from the United States at any Customs port of entry
designated in the terms of a valid permit issued pursuant to subpart C of this part.
§ 14.21 Shellfish and fishery products.
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(a)(1) General. Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter, shellfish
and fishery products imported or exported for purposes of human or animal consumption or taken in
waters under the jurisdiction of the United States or on the high seas for recreational purposes may
enter or exit at any Customs port.
(2) Except for wildlife requiring a permit pursuant to part 17 or part 23 of this subchapter, live aquatic
invertebrates of the Class Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and
the eggs, larvae, or juvenile forms thereof may be exported for purposes of propagation, or research
related to propagation, at any Customs port.
(b) Pearls. Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter, pearls
imported or exported for commercial purposes may enter or exit the United States at any Customs port
of entry. For the purposes of this part, all references to the term shellfish and fishery products will
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include pearls.
[61 FR 31868, June 21, 1996]
§ 14.22 Certain antique articles.
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Any person may import at any Customs Service port designated for such purpose, any article (other than
scrimshaw, defined in 16 U.S.C 1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the
etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or
tooth of any marine mammal of the order Cetacea) that is at least 100 years old, is composed in whole
or in part of any endangered or threatened species listed under §17.11 or §17.12 of this subchapter, and
has not been repaired or modified with any part of any endangered or threatened species on or after
December 28, 1973.
[61 FR 31868, June 21, 1996]
§ 14.23 Live farm-raised fish and farm-raised fish eggs.
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Live farm-raised fish and farm-raised fish eggs meet the definition of “bred in captivity” as stated in 50
CFR 17.3. Except for wildlife requiring a permit pursuant to parts 17 or 23 of this subchapter, live farmraised fish and farm-raised fish eggs may be exported from any U.S. Customs port.
[59 FR 41714, Aug. 15, 1994]
§ 14.24 Scientific specimens.
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Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 21, 22 or 23 of this subchapter, dead,
preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by accredited
scientists or accredited scientific institutions for taxonomic or systematic research purposes may enter or
exit through any U.S. Customs port, or may be shipped through the international mail system. Provided,
that this exception will not apply to any specimens or parts thereof taken as a result of sport hunting.
[61 FR 31869, June 21, 1996]
Subpart C—Designated Port Exception Permits
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§ 14.31 Permits to import or export wildlife at nondesignated port for scientific
purposes.
top
(a) General. The Director may, upon receipt of an application submitted in accordance with the
provisions of this section and §§13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife for
scientific purposes at one or more named Customs port(s) of entry not otherwise authorized by subpart
B. Such permits may authorize a single importation or exportation, a series of importations or
exportations, or importation or exportation during a specified period of time.
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(b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port for
scientific purposes must be submitted to the Director. Each application must contain the general
information and certification required by §13.12(a) of this subchapter, plus the following additional
information:
(1) The scientific purpose or uses of the wildlife to be imported or exported;
(2) The number and kinds of wildlife described by scientific and common names to be imported or
exported where such number and kinds can be determined;
(3) The country or place in which the wildlife was removed from the wild (if known), or where born in
captivity;
(4) The port(s) of entry where importation or exportation is requested, and the reasons why importation
or exportation should be allowed at the requested port(s) of entry rather than at a designated port; and
(5) A statement as to whether the exception is being requested for a single shipment, a series of
shipments, or shipments over a specified period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, permits to import or export wildlife at a nondesignated port issued under this section are
subject to the following condition: Permittee shall file such reports as specified on the permit, if any.
(d) Issuance criteria. The Director shall consider the following in determining whether to issue a permit
under this section:
(1) Benefit to a bona fide scientific research project, other scientific purpose, or facilitation of the
exchange of preserved museum specimens;
(2) The kind of wildlife involved and its place of origin;
(3) The reasons why the exception is requested; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on the date designated on the face
of the permit. In no case will the permit be valid for more than 2 years from the date of issuance.
§ 14.32 Permits to import or export wildlife at nondesignated port to minimize
deterioration or loss.
top
(a) General. The Director may, upon receipt of an application submitted in accordance with the
provisions of this section and §§13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife, in order
to minimize deterioration or loss, at one or more named Customs port(s) of entry not otherwise
authorized by subpart B. Such permits may authorize a single importation or exportation, a series of
importations or exportations, or importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port to
minimize deterioration or loss must be submitted to the Director. Each application must contain the
general information and certification required in §13.12(a) of this subchapter, plus the following
additional information:
(1) The number and kinds of wildlife described by scientific and common names to be imported or
exported where such number and kinds can be determined;
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(2) The country or place in which the wildlife was removed from the wild (if known), or where born in
captivity;
(3) The port(s) of entry where importation or exportation is requested, and the reasons why importation
or exportation should be allowed at the requested port(s) of entry rather than at a designated port
(information must be included to show that an importation or exportation at a designated port would
result in a substantial deterioration or loss of the wildlife); and
(4) A statement as to whether the exception is being requested for a single shipment, a series of
shipments, or shipments over a specified period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, permits to import or export wildlife at a nondesignated port issued under this section are
to be subject to the following conditions:
(1) Permittee shall file such reports as may be specified on the permit, if any; and
(2) Permittee must pay fees in accordance with §14.94.
(d) Issuance criteria. The Director shall consider the following in determining whether to issue a permit
under this section:
(1) Likelihood of a substantial deterioration or loss of the wildlife involved;
(2) The kind of wildlife involved and its place of origin; and
(3) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on the date designated on the face
of the permit. In no case will the permit be valid more than 2 years from the date of issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, 1996]
§ 14.33 Permits to import or export wildlife at nondesignated port to alleviate undue
economic hardship.
top
(a) General. The Director may, upon receipt of an application submitted in accordance with the
provisions of this section and §§13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife in order
to alleviate undue economic hardship at one or more named Customs port(s) of entry not otherwise
authorized by subpart B. Such permits may authorize a single importation or exportation, a series of
importations or exportations, or importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port to
alleviate undue economic hardship must be submitted to the Director. Each application must contain the
general information and certification required in §13.12(a) of this subchapter, plus the following
additional information:
(1) The number and kinds of wildlife described by scientific and common names to be imported or
exported, where such number and kinds can be determined, and a description of the form in which it is
to be imported, such as “live,” “frozen,” “raw hides,” or a full description of any manufactured product;
(2) The country or place in which the wildlife was removed from the wild (if known), or where born in
captivity;
(3) The name and address of the supplier or consignee;
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(4) The port(s) of entry where importation or exportation is requested, and the reasons why importation
or exportation should be allowed at the requested port(s) of entry rather than at a designated port
(information must be included to show the monetary difference between the cost of importation or
exportation at the port requested and the lowest cost of importation or exportation at the port through
which importation or exportation is authorized by subpart B without a permit); and
(5) A statement as to whether the exception is being requested for a single shipment, a series of
shipments, or shipments over a specified period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, permits to import or export wildlife at a nondesignated port issued under this section are
subject to the following conditions:
(1) Permittee shall file such reports as specified on the permit, if any; and
(2) Permittee must pay fees in accordance with §14.94.
(d) Issuance criteria. The Director shall consider the following in determining whether to issue a permit
under this section:
(1) The difference between the cost of importing or exporting the wildlife at the port requested and the
lowest cost of importing or exporting such wildlife at a port authorized by these regulations without a
permit;
(2) The severity of the economic hardship that likely would result should the permit not be issued;
(3) The kind of wildlife involved, including its form and place of origin; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on the date designated on the face
of the permit. In no case will the permit be valid for more than 2 years from the date of issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, 1996]
Subpart D [Reserved]
top
Subpart E—Inspection and Clearance of Wildlife
top
§ 14.51 Inspection of wildlife.
top
Subject to applicable limitations of law, Service officers and Customs officers may detain for inspection
and inspect any package, crate, or other container, including its contents, and all accompanying
documents, upon importation or exportation. The Director may charge reasonable fees, including salary,
overtime, transportation and per diem of Service officers, for wildlife import or export inspections
specially requested by the importer or exporter at times other than regular work hours or locations other
than usual for such inspections at the port.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985]
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§ 14.52 Clearance of imported wildlife.
top
(a) Except as otherwise provided by this subpart, a Service officer must clear all wildlife imported into the
United States prior to release from detention by Customs officers. A Service officer must clear all wildlife
to be exported from the United States prior to the physical loading of the merchandise on a vehicle or
aircraft, or the containerization or palletizing of such merchandise for export, unless a Service officer
expressly authorizes otherwise. Such clearance does not constitute a certification of the legality of an
importation or exportation under the laws or regulations of the United States.
(b) An importer/exporter or his/her agent may obtain clearance by a Service officer only at designated
ports (§14.12), at border ports (§14.16), at special ports (§14.19), or at a port where importation or
exportation is authorized by a permit issued under subpart C of this part. An importer/exporter must
return forthwith any wildlife released without a Service officer's clearance or clearance by Customs for
the Service under authority of §14.54 to a port where clearance may be obtained pursuant to this
subpart.
(c) To obtain clearance, the importer, exporter, or the importer's or exporter's agent will make available
to a Service officer or a Customs officer acting under §14.54:
(1) All shipping documents (including bills of lading, waybills and packing lists or invoices);
(2) All permits, licenses or other documents required by the laws or regulations of the United States;
(3) All permits or other documents required by the laws or regulations of any foreign country;
(4) The wildlife being imported or exported; and
(5) Any documents and permits required by the country of export or re-export for the wildlife.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985;
61 FR 31869, June 21, 1996]
§ 14.53 Detention and refusal of clearance.
top
(a) Detention. Any Service officer, or Customs officer acting under §14.54, may detain imported or
exported wildlife and any associated property. As soon as practicable following the importation or
exportation and decision to detain, the Service will mail a notice of detention by registered or certified
mail, return receipt requested, to the importer or consignee, or exporter, if known or easily ascertainable.
Such notice must describe the detained wildlife or other property, indicate the reason for the detention,
describe the general nature of the tests or inquiries to be conducted, and indicate that if the releasability
of the wildlife has not been determined within 30 days after the date of the notice, or a longer period if
specifically stated, that the Service will deem the wildlife to be seized and will issue no further notification
of seizure.
(b) Refusal of clearance. Any Service officer may refuse clearance of imported or exported wildlife and
any Customs officer acting under §14.54 may refuse clearance of imported wildlife when there are
responsible grounds to believe that:
(1) A Federal law or regulation has been violated;
(2) The correct identity and country of origin of the wildlife has not been established (in such cases, the
burden is upon the owner, importer, exporter, consignor, or consignee to establish such identity by
scientific name to the species level or, if any subspecies is protected by the laws of this country or the
country of origin to the subspecies level);
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(3) Any permit, license, or other documentation required for clearance of such wildlife is not available, is
not currently valid, has been suspended or revoked, or is not authentic;
(4) The importer, exporter, or the importer's or exporter's agent has filed an incorrect or incomplete
declaration for importation or exportation as provided in §14.61 or §14.63; or
(5) The importer, exporter, or the importer's or exporter's agent has not paid any fee or portion of
balance due for inspection fees required by §14.93 or §14.94, or penalties assessed against the
importer or exporter under 50 CFR part 11. This paragraph does not apply to penalty assessments on
appeal in accordance with the provisions of part 11.
[61 FR 31869, June 21, 1996]
§ 14.54 Unavailability of Service officers.
top
(a) Designated ports. All wildlife arriving at a designated port must be cleared by a Service officer prior to
Customs clearance and release. When importers or their agents expect live or perishable shipments of
wildlife or wildlife products or request inspection at the time of arrival, they must notify the Service at
least 48 hours prior to the estimated time of arrival. However, where a Service officer is not available
within a reasonable time, Customs Officers may clear live or perishable wildlife subject to post-clearance
inspection and investigation by the Service.
(b) Border and special ports. Wildlife lawfully imported at Canadian or Mexican border ports under
§14.16, or into Alaska, Puerto Rico, or the Virgin Islands, under §14.19, may, if a Service officer is not
available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection
and investigation by the Service.
(c) Permit imports. Wildlife imported at a nondesignated port in accordance with the terms of a valid
permit issued under subpart C of this part, may, if a Service officer is not available within a reasonable
time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the
Service.
(d) Personal baggage and household effects. Wildlife lawfully imported at any port of entry under §14.15,
may, if a Service officer is not available within a reasonable time, be cleared by Customs officers,
subject to post-clearance inspection and investigation by the Service.
(e) Personally owned pet birds. Personally owned pet birds lawfully imported at a port of entry under
§14.17, may, if a Service officer is not available within a reasonable time, be cleared by Customs
officers, subject to post-clearance inspection and investigation by the Service.
(f) Exports. Exporters or their agents must notify the Service and make the shipment available for
inspection at least 48 hours prior to the estimated time of exportation of any wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
§ 14.55 Exceptions to clearance requirements.
top
Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, clearance is not
required for the importation of the following wildlife:
(a) Shellfish and fishery products imported for purposes of human or animal consumption or taken in
waters under the jurisdiction of the United States or on the high seas for recreational purposes;
(b) Marine mammals lawfully taken on the high seas by United States residents and imported directly
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into the United States; and
(c) Certain antique articles as specified in §14.22 which have been released from custody by Customs
officers under 19 U.S.C. 1499.
(d) Dead, preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by
accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes.
Except: That this exception will not apply to any specimens or parts thereof taken as a result of sport
hunting.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
Subpart F—Wildlife Declarations
top
§ 14.61 Import declaration requirements.
top
Except as otherwise provided by the regulations of this subpart, importers or their agents must file with
the Service a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177),
signed by the importer or the importer's agent, upon the importation of any wildlife at the place where
Service clearance under §14.52 is requested. However, wildlife may be transshipped under bond to a
different port for release from custody by Customs Service officers under 19 U.S.C. 1499. For certain
antique articles as specified in §14.22, importers or their agents must file a Form 3–177 with the District
Director of Customs at the port of entry prior to release from Customs custody. Importers or their agents
must furnish all applicable information requested on the Form 3–177 and the importer, or the importer's
agent, must certify that the information furnished is true and complete to the best of his/her knowledge
and belief.
[61 FR 49980, Sept. 24, 1996]
§ 14.62 Exceptions to import declaration requirements.
top
(a) Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, an importer or
his/her agent does not have to file a Declaration for Importation or Exportation of Fish or Wildlife (Form
3–177) for importation of shellfish and fishery products imported for purposes of human or animal
consumption, or taken in waters under the jurisdiction of the United States or on the high seas for
recreational purposes;
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, a
Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177) does not have to be filed for
importation of the following:
(1) Fish taken for recreational purposes in Canada or Mexico;
(2) Wildlife products or manufactured articles that are not intended for commercial use and are used as
clothing or contained in accompanying personal baggage, except that an importer or his/her agent must
file a Form 3–177 for raw or dressed furs; for raw, salted, or crusted hides or skins; and for game or
game trophies; and
(3) Wildlife products or manufactured articles that are not intended for commercial use and are a part of
a shipment of the household effects of persons moving their residence to the United States, except that
an importer or his/her agent must file a declaration for raw or dressed furs and for raw, salted, or crusted
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hides or skins.
(c) General declarations for certain specimens. Notwithstanding the provisions of 14.61 and except for
wildlife included in paragraph (d) of this section, an importer or his/her agent may describe in general
terms on a Declaration for the Importation or Exportation of Fish or Wildlife (Form 3–177) scientific
specimens imported for scientific institutions for taxonomic, systematic research, or faunal survey
purposes. An importer or his/her agent must file an amended Form 3–177 within 180 days after filing of
the general declaration with the Service. The declaration must identify specimens to the most accurate
taxonomic classification reasonably practicable using the best available taxonomic information. The
Director may grant extensions of the 180-day period.
(d) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, 22 or 23 of this subchapter, an
importer or his/her agent does not have to file a Declaration for the Importation or Exportation of Fish or
Wildlife (Form 3–177) at the time of importation for shipments of dead, preserved, dried, or embedded
scientific specimens or parts thereof, imported by accredited scientists or accredited scientific institutions
for taxonomic or systematic research purposes. An importer or his/her agent must file a Form 3–177
within 180 days of importation with the appropriate Assistant Regional Director—Law Enforcement in the
Region where the importation occurs. The declaration must identify the specimens to the most accurate
taxonomic classification reasonably practicable using the best available taxonomic information, and must
declare the country of origin. Except: That this exception will not apply to any specimens or parts thereof
taken as a result of sport hunting.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31870, June 21, 1996]
§ 14.63 Export declaration requirements.
top
Except as otherwise provided by the regulations of this subpart, a completed Declaration for Importation
or Exportation of Fish or Wildlife (Form 3–177) signed by the exporter, or the exporter's agent, shall be
filed with the Service prior to the export of any wildlife at the port of exportation as authorized in subpart
B of this part. All applicable information requested on the Form 3–177 shall be furnished, and the
exporter or the exporter's agent shall certify that the information furnished is true and complete to the
best of his/her knowledge and belief.
§ 14.64 Exceptions to export declaration requirements.
top
(a) Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, an exporter or
his/her agent does not have to file a Declaration for Importation or Exportation of Fish or Wildlife (Form
3–177) for the exportation of shellfish and fishery products exported for purposes of human or animal
consumption or taken in waters under the jurisdiction of the United States or on the high seas for
recreational purposes, and does not have to file for the exportation of live aquatic invertebrates of the
Class Pelecypoda (commonly known as oysters, claims, mussels, and scallops) and the eggs, larvae, or
juvenile forms thereof exported for purposes of propagation, or research related to propagation.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, a
Declaration for the Importation or Exportation of Fish or Wildlife (Form 3–177) does not have to be filed
for the exportation of the following:
(1) Wildlife that is not intended for commercial use where the value of such wildlife is under $250;
(2) Wildlife products or manufactured articles, including game trophies, that are not intended for
commercial use and are used as clothing or contained in accompanying personal baggage or are part of
a shipment of the household effects of persons moving their residence from the United States; and
(3) Shipments of dead, preserved, dried, or embedded scientific specimens or parts thereof, exported by
accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes.
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An exporter or his/her agent must file a Form 3–177 within 180 days of exportation with the appropriate
Assistant Regional Director—Law Enforcement in the Region where the exportation occurs. The
declaration must identify the specimens to the most accurate taxonomic classification reasonably
practicable using the best available taxonomic information, and must declare the country of origin.
Except: That this exception will not apply to any specimens or parts thereof taken as a result of sport
hunting.
(c) Except for wildlife requiring a period pursuant to parts 17 or 23 of this subchapter, a Declaration for
the Importation or Exportation of Fish or Wildlife (Form 3–177) does not have to be filed for the
exportation of live farm-raised fish and farm-raised fish eggs as defined in §14.23.
[45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 61 FR 31870, June 21,
1996]
Subpart G [Reserved]
top
Subpart H—Marking of Containers or Packages
top
Source: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.
§ 14.81 Marking requirement.
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Except as otherwise provided in this subpart, no person may import, export, or transport in interstate
commerce any container or package containing any fish or wildlife (including shellfish and fishery
products) unless he/she marks each container or package conspicuously on the outside with both the
name and address of the shipper and consignee. An accurate and legible list of its contents by species
scientific name and the number of each species and whether or not the listed species are venomous
must accompany the entire shipment.
[61 FR 31870, June 21, 1996]
§ 14.82 Alternatives and exceptions to the marking requirement.
top
(a) The requirements of §14.81 may be met by complying with one of the following alternatives to the
marking requirement:
(1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the
word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by
species, and
(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which
accurately states the name and address of the shipper and consignee, states the total number of
packages or containers in the shipment, and for each species in the shipment specifies:
(A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin
tuna; and whitetail deer) and whether or not the listed species is venomous; and
(B) The number of that species (or other appropriate measure of quantity such as gross or net weight).
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The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside
of one container or package in the shipment or otherwise physically accompany the shipment in a
manner which makes it readily accessible for inspection; or
(2) Affixing the shipper's wildlife import/export license number preceded by the three letters “FWS” on
the outside of each container or package containing fish or wildlife, if the shipper has valid wildlife
import/export license issued under authority of 50 CFR part 14. For each shipment marked in
accordance with this paragraph, the records maintained under §14.93(c) must include a copy of the
invoice, packing list, bill of lading, or other similar document that accurately states the information
required by paragraph (a)(1)(ii) of this section.
(3) In the case of subcontainers or packages within a larger packing container, only the outermost
container must be marked in accordance with this section. Except, that for live fish or wildlife that are
packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled,
the packing list, invoice, bill or lading, or other similar document, must reflect that number or label.
However, each subcontainer containing a venomous species must be clearly marked as venomous.
(4) A conveyance (truck, plane, boat, etc.) is not considered a container for purposes of requiring
specific marking of the conveyance itself, provided that:
(i) The fish or wildlife within the conveyance is carried loosely or is readily identifiable, and is
accompanied by the document required by paragraph (a)(1)(ii) of this section, or
(ii) The fish or wildlife is otherwise packaged and marked in accordance with this subpart.
(b) The requirements of §14.81 do not apply to containers or packages containing—
(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and
born in captivity, or their products, if a signed statement certifying that the animals were bred and born in
captivity accompanies the shipping documents;
(2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and
Cosmetic Act, 21 U.S.C. 301 et seq. ; or
(3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has
been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where
first offloaded.
(Approved by the Office of Management and Budget under control number 1018–0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]
Subpart I—Import/Export Licenses
top
§ 14.91 License requirement.
top
(a) Prohibition. Except as otherwise provided in this subpart, it is unlawful for any person to engage in
business as an importer or exporter of wildlife without first having obtained a valid import/export license
from the Director.
(b) Definition. As used in this subpart, the phrase engage in business as an importer or exporter of
wildlife means for a person to devote time, attention, labor, or effort to any activity for gain or profit that
involves the importation or exportation of wildlife whether or not such person is an importer or exporter
within the meaning of the customs laws of the United States.
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(c) Certain persons required to be licensed. The definition in paragraph (b) of this section includes, but is
not limited to, persons who import or export wildlife for commercial purposes:
(1) For trade, sale, or resale, such as animal dealers, animal brokers, pet dealers, pet suppliers, and
laboratory research suppliers;
(2) In the form of fur for tanning, manufacture, or sale, such as fur trappers, dealers, brokers, and
manufacturers;
(3) In the form of hides and skins for tanning, manufacture, or sale, such as hide, skin, and leather
dealers, brokers, manufacturers, and processors;
(4) In the form of products (such as garments, bags, shoes, boots, jewelry, rugs, or curios) for sale, such
as wholesalers, retailers, distributors, and brokers;
(5) As taxidermists in connection with the mounting processing, or storage of trophies or specimens;
(6) As freight forwarders; and
(7) In the form of food products taken from populations of non-domesticated animals.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996]
§ 14.92 Exceptions to license requirement.
top
(a) Certain wildlife. Any person may engage in business as an importer or exporter of the following
wildlife without procuring an import/export license:
(1) Shellfish and fishery products that do not require a permit under part 17 or 23 of this subchapter B
and that are imported or exported for purposes of human or animal consumption;
(2) Shellfish and fishery products that do not require a permit under part 17 or 23 of this subchapter B
and that are taken in waters under the jurisdiction of the United States or on the high seas for
recreational purposes;
(3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul and their products if the
animals have been bred and born in captivity;
(4) Live farm-raised fish and farm-raised eggs of species not requiring a permit under part 17 or 23 of
this subchapter B that are being exported;
(5) Live aquatic invertebrates of the Class Pelecypoda (commonly known as oysters, clams, mussels,
and scallops) and the eggs, larvae, or juvenile forms thereof exported for purposes of propagation or
research related to propagation; and
(6) Pearls imported or exported for commercial purposes.
(b) Certain persons. The following persons may engage in business as importers or exporters of wildlife
without procuring an import/export license: Provided, That such persons keep such records as will fully
and correctly disclose each importation or exportation of wildlife made by them and the subsequent
disposition made by them with respect to the wildlife, and that subject to applicable limitations of law,
duly authorized Service officers at all reasonable times shall, upon notice, be afforded access to such
persons' places of business, an opportunity to examine their inventory of imported wildlife and the
records required above, and an opportunity to copy such records:
(1) Common carriers when engaged as transporters and not as importers or exporters of record;
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(2) Custom house brokers when engaged as agents and not as importers or exporters of record;
(3) Public museums, or other public, scientific or educational institutions, importing or exporting wildlife
for research or educational purposes and not for resale;
(4) Federal, State, or municipal agencies; and
(5) Circuses importing or exporting wildlife for exhibition purposes only and not for purchase, sale,
barter, or transfer of such wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 50 FR 52890, Dec. 26,
1985; 61 FR 31871, June 21, 1996]
§ 14.93 License application procedure, conditions, and duration.
top
(a) General. The Director may, upon receipt of an application submitted in accordance with the
provisions of this section and §§13.11 and 13.12 of this subchapter, issue a license authorizing the
applicant to engage in business as an importer or exporter of wildlife.
(b) Application procedure. Applications for import/export licenses must be submitted to the appropriate
Special Agent in Charge (see §10.22 of this subchapter). Each application must contain the general
information and certification required by §13.12(a) of this subchapter, plus the following additional
information:
(1) A brief description of the nature of the applicant's business as it relates to the importation or
exportation of wildlife, e.g., “live animal dealer,” “fur broker,” “taxidermist,” “retail department store,” and
“pet shop;”
(2) If the application is in the name of a business, a statement disclosing the names and addresses of all
partners and principal officers;
(3) A statement of where books or records concerning wildlife imports or exports will be kept;
(4) A statement of where inventories of wildlife will be stored; and
(5) Name, address, and telephone number of the officer, manager, or other person authorized to make
records or wildlife inventories available for examination by Service officials.
(c) Additional license conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, import/export licenses are subject to the following special conditions:
(1) The licensee shall, from the effective date of the license, keep such records as will fully and correctly
disclose each importation or exportation of wildlife made by the licensee and the subsequent disposition
made by the licensee with respect to such wildlife. The records must include a general description of the
form of the wildlife, such as “live,” “raw hides,” or “fur garments;” the quantity of wildlife, in numbers,
weight, or other appropriate measure; the common and scientific names; the country or place of origin of
the wildlife, if known; the date and place of import or export; the date of the subsequent disposition of
the wildlife; the manner of disposition, whether by sale, barter, consignment, loan, delivery, destruction,
or other means; and the name and address of the person who received the wildlife pursuant to such
disposition, if applicable;
(2) Licensees shall include and retain in their records copies of all permits required by the laws and
regulations of the United States and any country of export or origin;
(3) Licensees shall maintain such books and records for a period of five years;
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(4) Subject to applicable limitations of law, licensees must provide duly authorized Service officers at all
reasonable times, upon notice, access to the licensee's places of business and give an opportunity to
examine the licensee's inventory of imported wildlife and the records required to be kept under
paragraph (c)(1) of this section, and give an opportunity to copy such records;
(5) Licensees must, upon written request by the Director, submit within 30 days of such request a report
containing the information required to be maintained by paragraph (c)(1) of this section.
(6) An import/export license is only permission to engage in business as an importer or exporter of
wildlife. Such a license is in addition to, and does not supersede, any other requirement established by
law for the importation or exportation of wildlife.
(7) Licensees agree to pay, as a condition of the license, reasonable user fees for inspections of
commercial wildlife shipments imported or exported under the authorization of the license.
(d) Duration of license. Any license issued under this section expires on the date designated on the face
of the license. In no case will the license be valid for more than 1 year from the date of issuance.
(e) Issuance, denial, suspension, revocation, or renewal of license. Payment of all license and inspection
fees shall be a condition of the license. It shall be grounds for suspension or revocation of any license,
or for denial or renewal of a license, or of grant of a new import/export license to any person named as
the holder, or a principal officer or agent of a holder, of a previous license issued pursuant to this
subpart, that any license fees or any fees owing for inspections of wildlife shipments remain unpaid at
the time of application for renewal or of new application. Additional provisions governing the issuance,
denial, suspension, revocation, and renewal of an import/export license are found in part 13 of this
subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21,
1996]
§ 14.94 What fees apply to me?
top
(a) License and inspection fees. We will impose a yearly fee for a license pursuant to §14.93. In addition,
you must pay an inspection fee for each wildlife shipment imported into or exported from the United
States at a designated port. If you import into or export from the United States wildlife shipments
meeting the criteria outlined in paragraph (e) of this section, you are exempt from the designated port
inspection fee, or nondesignated port administrative fee and hourly minimums, whichever apply.
However, you must pay applicable overtime fees and permit fees.
(b) Designated port overtime fees. The Service may charge importers or exporters of wildlife, regardless
of being licensed as a commercial importer or exporter, a fee for overtime for inspections that begin
before normal working hours, that extend beyond normal working hours, or are on a holiday, Saturday,
or Sunday if the importer/exporter requested that the inspection be performed outside normal work
hours. Overtime fees consist of an increased hourly rate equal to 11/2times the average hourly rate of a
journeyman level wildlife inspector. Overtime fees will be in addition to inspection fees imposed for
license holders at designated ports. If an importer/exporter presents a shipment for inspection during
normal work hours but the Service cannot perform the inspection during normal work hours on that day,
the service will give the importer/exporter the option of performing the inspection later during normal
work hours or charging for overtime. The Service's ability to perform inspections during overtime hours
will depend on the availability of Service personnel. The Service will use the following parameters when
calculating the overtime fee:
(1) Inspection overtime commences when a Service officer departs that officer's residence or official
duty station enroute to the inspection site or at the end of normal work hours. Inspection overtime
terminates when the officer returns to the point of departure or official duty station or when the inspection
is completed, whichever occurs later.
(2) For an inspection at a designated port beginning less than 1 hour before normal work hours, the
Service will charge 1 hour of time, at an hourly rate of 11/2times the average hourly rate of a journeyman
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level Wildlife Inspector. For all other overtime inspections at a designated port the Service will charge a
minimum of 2 hours of time, at an hourly rate of 11/2times the average hourly rate of a journeyman level
Wildlife Inspector, except that for all inspections performed on a federal holiday the Service will charge a
minimum of 2 hours at twice the average hourly rate of a journeyman level Wildlife Inspector.
(3) The Service will charge any inspection time in excess of the 2-hour minimum in quarter hour
increments at the same hourly rate as the first 2 hours. The Service will round up inspection time of 10
minutes or more to the next quarter hour and will disregard any time less than 10 minutes.
(4) The fee schedule will apply to all inspections regardless of importer/exporter of record, except, that
the Service will charge multiple shipments consigned to the same importer/exporter and inspected at
one location one 2-hour minimum or actual time, whichever is greater.
(c) Nondesignated port fees. The Service will charge permittees issued permits under subpart C of this
part, and licensed commercial importers and exporters a fee for inspections at nondesignated ports. The
fees consist of a flat administrative fee plus a minimum of two hours of time at staffed nondesignated
ports. The Service will use the following parameters when calculating fees:
(1) During normal working hours the Service will charge permittees issued permits under subpart C of
this part, regardless of being licensed as a commercial importer or exporter, an administrative fee plus a
minimum of 2 hours of time at the average hourly rate of a journeyman level wildlife inspector. The
Service will charge permittees requesting clearance outside normal working hours, including Saturday
and Sunday, an administrative fee plus a minimum of 2 hours of time at 11/2times the average hourly
rate of a journeyman level wildlife inspector, except that for all inspections performed on a federal
holiday the Service will charge a minimum of 2 hours at twice the average hourly rate of a journeyman
level wildlife inspector.
(2) The Service will charge any inspection time in excess of the 2-hour minimum in quarter hour
increments at the same hourly rate as the first 2 hours. The Service will round up inspection time of 10
minutes or more to the next quarter hour and will disregard any time less than 10 minutes.
(3) The Service will not charge importers or exporters who are not required to have a permit under
subpart C of this part, except that the Service will charge licensed importers or exporters an
administrative fee only during normal working hours, and overtime hourly rates and minimums will apply
outside normal working hours.
(4) For inspections performed under a permit issued under subpart C of this part at nondesignated ports
with no permanent Service law enforcement staff, the Service will charge all costs associated with
inspection and clearance, including, salary, travel and transportation costs, and per diem.
(d) Schedule.
General Fees
Import/Export license fee
$50 per year.
Inspection fee
$55 per shipment.
Inspection Fee Schedule
Designated ports: Licensees:
Inspections during normal work
$55 Inspection fee.
hours
Inspections beginning less than 1 hour
$55 Inspection fee plus $30.
before normal work hours
Inspections beginning more than 1 hour
$55 Inspection fee plus 2 hour
before normal work hours
minimum at $30/hr.
Inspections after normal work hours
$55 Inspection fee plus 2 hour
(including Saturdays and Sundays)
minimum at $30/hr.
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Inspections on federal holidays
Designated ports: Nonlicensees:
Inspection during normal work
hours
Inspections beginning outside
normal work hours
Staffed nondesignated ports: Subpart C
permit holders, regardless of license status:
Inspections during normal work
hours
Inspections beginning outside
normal work hours (including
Saturdays and Sundays)
Inspections on federal holidays
Nonstaffed nondesignated ports:
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$55 Inspection fee plus 2 hour
minimum at $40/hr.
No charge.
2 hour minimum at $30/hr.
$55 Administrative fee plus 2
hour minimum at $20/hr.
$55 Administrative fee plus 2
hour minimum at $30/hr.
$55 Administrative fee plus 2
hour minimum at $40/hr.
$55 Administrative fee plus all
costs associated with inspection
and clearance.
Staffed nondesignated ports: No subpart C
permit required (Border/Special Ports):
Import/export license holders
$55 Administrative fee.
All others
No charge.
(1) The Service will not refund any fee or any portion of any license or inspection fee or excuse payment
of any fee because importation or clearance of wildlife shipment is refused for any reason.
(2) [Reserved]
(e) Your wildlife shipments meeting all of the following criteria are exempt from the designated port
inspection fee or nondesignated port administrative fee and hourly minimums:
(1) The wildlife you are shipping does not require permits under parts 16, 17, 18, 21, 22, or 23 of this
subchapter;
(2) You are importing or exporting wildlife between the United States and Canada or Mexico;
(3) The wildlife you are shipping consists of raw fur, raw, salted, or crusted hides or skins, or separate
parts thereof, lawfully taken from the wild in the United States, Canada, or Mexico;
(4) You, as the importer or exporter of record, or a member of your immediate family (your spouse,
parents, siblings, and children), took the wildlife from the wild;
(5) You are licensed in accordance with §14.91;
(6) You have not previously bought or sold the wildlife or any part thereof being shipped;
(7) Your shipment does not exceed 100 raw furs, raw, salted, or crusted hides or skins, or separate parts
thereof;
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(8) Your shipment does not contain any manufactured products or live animals.
(9) You certify that your shipment meets the criteria in this paragraph.
[61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and
Birds to the United States
top
Source: 57 FR 27108, June 17, 1992, unless otherwise noted.
§ 14.101 Purposes.
top
The purpose of this subpart is to prescribe requirements necessary to ensure that live wild mammals
and birds shipped to the United States arrive alive, healthy, and uninjured, and that transportation of
such animals occurs under humane and healthful conditions. These regulations implement section 9(d)
of the Lacey Act Amendments of 1981.
§ 14.102 Definitions.
top
In addition to the definitions contained in part 10 of subchapter B of this chapter, in this subpart—
Ambient air temperature means the temperature of the air surrounding a primary enclosure containing a
wild mammal or bird.
Auxiliary ventilation means cooling or air circulation provided by such means as vents, fans, blowers, or
air conditioning.
Carrier means any person operating an airline, railroad, motor carrier, shipping line, or other enterprise
engaged in the business of transporting any wild mammal or bird for any purpose including exhibition
and for any person, including itself.
Communicable disease means any contagious, infectious, or transmissible disease of wild mammals or
birds.
Conveyance means any vehicle, vessel, or aircraft employed to transport an animal between its origin
and destination.
Do not tip means do not excessively rock or otherwise move from a vertical to a slanting position, knock
over, or upset.
Handle means feed, manipulate, crate, shift, transfer, immobilize, restrain, treat, or otherwise control the
movement or activities of any wild mammal or bird.
Holding area means a designated area at or within a terminal facility that has been specially prepared to
provide shelter and other requirements of wild mammals or birds being transported to the United States
and in which such mammals or birds are maintained prior to, during, or following such shipment.
Kept clean means maintained free from dirt, trash, refuse, excreta, remains from other cargo, and
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impurities of any type.
Marine mammal means an individual of a species of the orders Cetacea, Pinnipedia, or Sirenia, or a
polar bear ( Ursus maritimus ) or sea otter ( Enhydra lutris ).
Noncompatible means not capable of existing together in harmony.
Nonhuman primate means any nonhuman member of the order Primates.
Normal rigors of transportation means the stress that a wild animal can be expected to experience as a
result of exposure to unaccustomed surroundings, unfamiliar confinement, caging, unfamiliar sounds,
motion, and other conditions commonly encountered during transport.
Primary enclosure means any structure used to restrict a mammal or bird to a limited amount of space,
such as a cage, room, pen, run, stall, pool, or hutch.
Professionally accepted standards means a level of practice established as acceptable by a body of
qualified persons of the veterinary medical profession.
Psychological trauma means an episode of exposure to stressful conditions resulting in significant
behavioral abnormality including, but not limited to, manifestations of unaccustomed aggressiveness,
self-mutilation, or refusal of food or water.
Raptor means a live migratory bird of the order Falconiformes or the order Strigiformes.
Sanitize means to make physically clean and, as far as possible, free of toxic or infectious agents
injurious to the health of wild mammals or birds.
Scheduled departure time means the time listed on a timetable of departures and arrivals or, in the
absence of a timetable, the time of departure agreed to by a carrier and shipper.
Shipper means any person, other than a carrier, involved in the transport of wild animals to the United
States regardless of the purpose of such transport; e.g., exporter, importer, or agent.
Terrestrial mammals means mammals other than marine mammals.
Transport means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose
of movement, carriage, or shipment, by air, land, or sea.
Transporting device means any vehicle or device used to transport an animal between a conveyance
and a terminal facility, in and around a terminal facility of a carrier, or within a conveyance.
Unweaned means a bird or mammal incapable of feeding itself independently.
Wild means the same as fish or wildlife, as defined in §10.12 of this chapter.
§ 14.103 Prohibitions.
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Unless the requirements of this subpart are fully satisfied and all other legal requirements are met, it is
unlawful for any person to transport to the United States, cause to be transported to the United States,
or allow to be transported to the United States any live wild mammal or bird. It shall be unlawful for any
person to import, to transport, or to cause or permit to be transported to the United States any wild
mammal or bird under inhumane or unhealthful conditions or in violation of this subpart J.
§ 14.104 Translations.
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Any certificate or document required by this subpart to accompany a mammal or bird transported to the
United States and written in a foreign language must be accompanied by an accurate English
translation.
§ 14.105 Consignment to carrier.
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(a) No carrier shall accept any live wild mammal or bird for transport to the United States that has not
been examined within 10 days prior to commencement of transport to the United States by a
veterinarian certified as qualified by the national government of the initial country from which the
mammal or bird is being exported. If the national government of such country does not certify
veterinarians, then the veterinarian must be certified or licensed by a local government authority
designated by the national government as authorized to certify veterinarians.
(b)(1) A certificate of veterinary medical inspection, signed by the examining veterinarian, stating that the
animal has been examined, is healthy, appears to be free of any communicable disease, and is able to
withstand the normal rigors of transport must accompany the mammal or bird; the certificate should
include the veterinarian's license number, certification number, or equivalent. A mammal in the last third
of its pregnancy, if this is detectable using professionally accepted standards, shall not be accepted for
transport to the United States except for medical treatment and unless the examining veterinarian
certifies in writing that the animal has been examined, the state of pregnancy has been evaluated, and
that, despite the medical condition requiring treatment, the animal is physically able to withstand the
normal rigors of transportation to the United States.
(2) A nursing mother with young, an unweaned mammal unaccompanied by its mother, or an unweaned
bird shall be transported only if the primary purpose is for needed medical treatment and upon
certification in writing by the examining veterinarian that the treatment is necessary and the animal is
able to withstand the normal rigors of transport. Such an unweaned mammal or bird shall not be
transported to the United States for medical treatment unless it is accompanied at all times by and
completely accessible to a veterinary attendant.
(c) A sick or injured wild mammal or bird shall be permitted transport to the United States only if the
primary purpose of such transport is for needed medical treatment and upon certification in writing by the
examining veterinarian that the treatment is necessary and the animal is able to withstand the normal
rigors of travel in its present condition. A sick or injured animal shall be accompanied at all times
throughout the transport process by a veterinary attendant qualified to care for and treat it, with
continuous access to the animal. This individual shall be in possession of or have ready access to all
medications to be administered during the transport.
(d) No carrier shall accept any wild mammal or bird for transport to the United States presented by the
shipper less than 2 hours or more than 6 hours prior to the scheduled departure of the conveyance on
which it is to be transported. The carrier shall notify the crew of the presence of live animal shipments.
§ 14.106 Primary enclosures.
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No carrier shall accept for transport to the United States any live wild mammal or bird in a primary
enclosure that does not conform to the following requirements:
(a) The Container Requirements of the Live Animal Regulations (LAR), 20th edition, October 1, 1993,
published by the International Air Transport Association (IATA) shall be complied with by all parties
transporting wild mammals or birds to the United States. The incorporation by reference of the LAR was
approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from IATA, 2000 Peel St., Montreal, Quebec, Canada H3A 2R4. Copies may be
inspected at the U.S. Fish and Wildlife Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or at the
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National Archives and Records Administration (NARA). For information on the availability of this material
at NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) A primary enclosure shall be constructed so that—
(1) The strength of the enclosure is sufficient to contain the mammal or bird and to withstand the normal
effects of transport;
(2) The interior of the enclosure is free from any protrusion that could be injurious to the mammal or bird
within;
(3) No part of the animal can extend or protrude outside of the primary enclosure which may result in
injury to the contained animal, to nearby persons or animals, or to handlers of the primary enclosure;
(4) Access to the primary enclosure is closed and secured with an animal-proof device designed to
prevent accidental opening and release of the mammal or bird;
(5) The opening of the enclosure is easily accessible for either emergency removal or inspection of the
mammal or bird by authorized personnel without the risk of escape of the mammal or bird;
(6) The enclosure has sufficient openings to ensure adequate circulation of air at all times.
(7) The material of which the primary enclosure is constructed is not treated with any paint, preservative,
or other chemical that is injurious or otherwise harmful to the health or well-being of mammals and birds.
(c) Unless the enclosure is permanently affixed in the conveyance or has an open top for certain large
mammals, spacer bars allowing circulation of air around the enclosure shall be fitted to the exterior of its
top, sides, and base. Spacer bars on an enclosure need extend no more than 6 inches (15 centimeters)
from the surface of the enclosure. Within this 6 inch limit, the spacers on an enclosure containing one
animal shall extend a distance equal to at least 10 percent of the longer dimension of the surface to
which they are attached, and the spacers on an enclosure containing more than one animal shall extend
a distance equal to at least 20 percent of the longer dimension of the surface to which they are attached.
Hand-holds may serve as spacer bars for the sides of the enclosure to which they are attached. A
primary enclosure constructed with one or more slanted or curved walls containing ventilation openings
need not be fitted with spacer bars on such walls.
(d) An enclosure that is not permanently affixed within the conveyance shall have adequate hand-holds
or other devices for lifting by hand or to facilitate lifting and carrying by machine. Such hand-holds or
other devices shall be made an integral part of the enclosure, shall enable it to be lifted without
excessive tipping, and shall be designed so that the person handling the enclosure will not come in
contact with the animals contained therein.
(e) An enclosure shall have a solid, leak-proof bottom or removable, leak-proof collection tray under a
slatted or wire mesh floor. The slatted or wire mesh floor shall be designed and constructed so that the
spaces between the slats or the holes in the mesh cannot trap the limbs of animals contained within the
enclosure. An enclosure for mammals shall contain unused absorbent litter on the solid bottom or in the
leak-proof tray in sufficient quantity to absorb and cover excreta. This litter shall be safe and nontoxic
and shall not resemble food normally consumed by the mammals. An enclosure used to transport
marine mammals in water, in a waterproof enclosure, a sling, or on foam is exempt from the requirement
to contain litter. An enclosure used to transport birds shall not contain litter, unless it is specified in
writing by the examining veterinarian as medically necessary.
(f) If an enclosure has been previously used to transport or store wild mammals or birds, it shall have
been cleaned and sanitized in a manner that will destroy pathogenic agents and pests injurious to the
health of mammals and birds before the enclosure can be re-used.
(g) An enclosure that is not permanently affixed in the conveyance shall be clearly marked in English on
the outside of the top and one or more sides of the enclosure, in letters not less than 2.5 centimeters (1
inch) in height, “Live Animals” or “Wild Animals”, “Do Not Tip,” “Only Authorized Personnel May Open
Container,” and other appropriate or required instructions. All enclosure sides shall also be
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conspicuously marked on the outside with arrows to indicate the correct upright position of the
enclosure. These arrows should extend up the sides of the enclosure so that the point of the arrow is
visible and clearly indicates the top of the enclosure.
(h) Food and water instructions as specified in §14.108, information regarding what constitutes obvious
signs of stress in the species being transported, and information about any drugs or medication to be
administered by the accompanying veterinary attendant shall be securely attached to each enclosure.
Copies of shipping documents accompanying the shipment shall also be securely attached to the
primary enclosure. Original documents shall be carried in the carrier's pouch or manifest container or by
the shipper's attendant accompanying the wild mammal or bird.
(i) Any food and water troughs shall be securely attached to the interior of the enclosure in such a
manner that the troughs can be filled from outside the enclosure. Any opening providing access to a
trough shall be capable of being securely closed with an animal-proof device. A water trough in an
enclosure containing birds shall contain a foam or sponge insert, a perforated wooden block, or other
suitable device to prevent spillage or drowning.
(j) When a primary enclosure is permanently affixed within a conveyance so that its front opening is the
only source of ventilation, the opening shall face the outside of the conveyance or an unobstructed aisle
or passageway within the conveyance. Such an aisle or passageway shall be at least 12 inches (30
centimeters) wide. The opening in the primary enclosure shall occupy at least 90 percent of the total
surface area of the front wall of the enclosure and be covered with bars or wire mesh.
[57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, 2004]
§ 14.107 Conveyance.
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(a) The animal cargo space of a conveyance used to transport wild mammals or birds to the United
States shall be designed, constructed, and maintained so as to ensure the humane and healthful
transport of the animals.
(b) The cargo space shall be constructed and maintained so as to prevent the harmful ingress of engine
exhaust fumes and gases produced by the conveyance.
(c) No wild mammal or bird shall be placed in a cargo space of a conveyance that does not provide
sufficient air for it to breathe normally. Primary enclosures shall be positioned in a cargo space in such a
manner that each animal has access to sufficient air for normal breathing.
(d) The interior of an animal cargo space shall be kept clean of disease-causing agents.
(e) A wild mammal or bird shall not be transported in a cargo space that contains any material,
substance, or device that may reasonably be expected to result in inhumane conditions or be injurious to
the animal's health unless all reasonable precautions are taken to prevent such conditions or injury.
§ 14.108 Food and water.
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(a) No carrier shall accept any wild mammal or bird for transport to the United States unless written
instructions from the shipper concerning the animal's food and water requirements are securely affixed
to the outside of its primary enclosure. Such instructions shall be consistent with professionally accepted
standards of care and include specifically the quantity of water required, the amount and type of food
required, and the frequency of feeding and watering necessary to ensure that the animal is transported
humanely and healthfully.
(b) A mammal or bird requiring drinking water shall have uncontaminated water suitable for drinking
made available to it at all times prior to commencement of transport to the United States, during
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intermediate stopovers, and upon arrival in the United States, or as directed by the shipper's written
instructions.
(c) A mammal or bird that obtains moisture from fruits or other food shall be provided such food prior to
commencement of transport to the United States, during stopovers, and upon arrival in the United
States, or as directed by the shipper's written instructions.
(d) During a stopover or while still in the custody of the carrier after arrival in the United States, a
mammal or bird in transit shall be observed no less frequently than once every four hours and given food
and water according to the instructions required by §14.108(a).
(e) Suitable and sufficient food shall be made available during transport.
(f) Additional requirements for feeding and watering particular kinds of animals are found below in the
specifications for the various groups.
§ 14.109 Care in transit.
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(a) During transportation to the United States, including any stopovers during transport, the carrier shall
visually inspect each primary enclosure not less than once every 4 hours, or in the case of air transport,
every 4 hours whenever the cargo hold is accessible. During such inspections, the carrier shall verify
that the ambient air temperature is within allowable limits (see §14.109(b)), that enclosures have not
been damaged, that adequate ventilation is being provided, and when transport is by air, that air
pressure suitable to support live animals is maintained within the cargo area (pressure equivalent to a
maximum altitude of 8000 feet). During these observations the carrier shall also determine whether any
animals are in obvious distress as described in documents attached to the enclosure. The absence of
such a document or the absence of information as to signs of distress shall not remove this
responsibility. The carrier shall attempt to correct any condition causing distress and shall consult the
shipper concerning any possible need for veterinary care if no veterinary attendant is traveling with the
shipment; if the shipper cannot be reached in the case of an emergency, qualified veterinary care should
be provided. A veterinarian or qualified attendant traveling with the shipment shall be provided access to
the animal.
(b) Unless otherwise specified in writing by the examining veterinarian the ambient air temperature in a
holding area, transporting device, conveyance or terminal facility containing mammals or birds shall not
be allowed to fall below 12.8 degrees C (55 degrees F) nor to exceed 26.7 degrees C (80 degrees F).
Auxiliary ventilation shall be provided when the ambient air temperature is 23.9 degrees C (75 degrees
F) or higher. In the case of penguins and auks, the ambient air temperature shall not be allowed to
exceed 18.3 degrees C (65 degrees F) at any time, and auxiliary ventilation shall be provided when the
ambient air temperature exceeds 15.6 degrees C (60 degrees F). In the case of polar bears and sea
otters, ambient air temperature shall not be allowed to exceed 10 degrees C (50 degrees F).
§ 14.110 Terminal facilities.
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(a) Any terminal facility used for wild mammal or bird transport in the country of export, stopover
countries, or the United States shall contain an animal holding area or areas. No carrier or shipper shall
co-mingle live animal shipments with inanimate cargo in an animal holding area.
(b) A carrier or shipper holding any wild mammal or bird in a terminal facility shall provide the following:
(1) A holding area cleaned and sanitized so as to destroy pathogenic agents, maintained so that there is
no accumulation of debris or excreta, and in which vermin infestation is minimized;
(2) An effective program for the control of insects, ectoparasites, and pests of mammals or birds;
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(3) Sufficient fresh air to allow the animals to breathe normally with ventilation maintained so as to
minimize drafts, odors, and moisture condensation;
(4) Ambient air temperatures maintained within prescribed limits as specified in §14.109(b).
§ 14.111 Handling.
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(a) Care shall be exercised to avoid handling the primary enclosure in a manner likely to cause physical
or psychological trauma to the mammal or bird.
(b) A primary enclosure used to move any mammal or bird shall not be dropped, tipped excessively, or
otherwise mishandled, and shall not be stacked or placed in a manner that may reasonably be expected
to result in its falling or being tipped.
(c) Animals incompatible with one another shall not be crated together or held in close proximity.
(d) Transport of mammals or birds to the United States shall be accomplished by the carrier in the most
expeditious manner, with the fewest stopovers possible, and without unnecessary delays.
(e) Consistent with other procedures and requirements of the carrier, live wild mammals or birds shall be
last loaded and first unloaded from a conveyance.
(f) A carrier shall not allow mammals or birds to remain for extended periods of time outside a holding
area and shall move them between a holding area and a conveyance as expeditiously as possible. A
carrier or shipper maintaining mammals or birds in a holding area, or transporting them to or from a
holding area or between a holding area and a conveyance, shall provide the following:
(1) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade
shall be provided to protect animals from the direct rays of the sun.
(2) Shelter from precipitation. Animals shall be provided protection so that they remain dry during rain,
snow, or other forms of precipitation.
(3) Shelter from cold. Animals shall be provided protection from cold. Protection shall include, but not be
limited to, that provided by covering and/or heating of transporting devices, holding areas, conveyances
or terminal facilities.
(4) Protection from harassment. Animals shall be protected from disturbances, including, but not limited
to, harassment by humans, other animals, or machinery that makes noise, emits fumes, heat, or light, or
causes vibration.
§ 14.112 Other applicable provisions.
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In addition to the provisions of §§14.101–14.111, the requirements of §§14.121–14.172 applicable for
particular groups of animals shall be met for all shipments of wild mammals and birds covered by this
part.
Specifications for Nonhuman Primates
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§ 14.121 Primary enclosures.
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top
(a) No more than one primate shall be transported in a primary enclosure. However, a mother and her
nursing young being transported to the United States for medical treatment, an established male-female
pair, a family group, a pair of juvenile animals that have not reached puberty, or other pairs of animals
that have been habitually housed together may be shipped in the same primary enclosure. Primates of
different species shall not be shipped together in the same enclosure.
(b) A primary enclosure used to transport a primate shall be large enough to ensure that the animal has
sufficient space to turn around freely in a normal manner, lie down, stand up (as appropriate for the
species), and sit in a normal upright position without its head touching the top of the enclosure.
However, a primate may be restricted in its movements according to professionally accepted standards
of care when greater freedom of movement would constitute a danger to the primate or to its handler or
other persons.
(c) Except as provided in §14.106(j), ventilation openings must be located on at least two walls of a
primary enclosure. When the required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 30 percent of the total surface area
of the ventilated wall and be situated above the midline of the enclosure. If ventilation openings are
located on all four walls of the enclosure, the openings on each wall shall comprise at least 20 percent of
the total surface area of the wall and be situated above the midline of the primary enclosure.
§ 14.122 Food and water.
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(a) A nonhuman primate shall be provided water suitable for drinking within 4 hours prior to
commencement of transport to the United States unless the shipper's written instructions direct
otherwise. A carrier shall provide suitable drinking water to any primate at least every 12 hours after
acceptance for transport to the United States, unless instructed in writing to do so more frequently by the
shipper.
(b) After acceptance for transport, and unless otherwise instructed in writing by the shipper, a carrier
shall provide suitable food to any nonhuman primate at least once every 12 hours.
§ 14.123 Care in transit.
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(a) A primate shall be observed for signs of distress and given food and water according to the shipper's
instructions during any intermediate stop that lasts more than 4 hours.
(b) Care shall be taken to keep enclosures containing primates sufficiently separated in the conveyance
or holding area to minimize the risk of spread of disease from one species or shipment to another.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, Pinnipeds, and
Polar Bears)
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§ 14.131 Primary enclosures.
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(a) A primary enclosure that is not open on top shall have air inlets situated at heights that provide cross
ventilation at all levels and that are located on all four sides of the enclosure. Such ventilation openings
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shall comprise not less than 20 percent of the total surface area of each side of the enclosure.
(b) Straps, slings, harnesses, or other such devices used for body support or restraint when transporting
marine mammals such as cetaceans or sirenians shall meet the following requirements:
(1) The devices shall not prevent attendants from having access to the mammal to administer care
during transportation;
(2) The devices shall be equipped with sufficient padding to prevent trauma or injury at points of contact
with the mammal's body;
(3) Slings or harnesses shall allow free movement of flippers outside of the harness or sling;
(4) The devices shall be capable of preventing the mammal from thrashing about and causing injury to
itself, handlers, or other persons, but shall be designed so as not to cause injury to the mammal.
(c) A primary enclosure used to transport marine mammals shall be large enough to assure the
following:
(1) A sea otter or polar bear has sufficient space to turn about freely with all four feet on the floor and to
sit in an upright position, stand, or lie in a natural position;
(2) A pinniped has sufficient space to lie in a natural position;
(3) If a sling, harness, or other supporting device is used, there are at least 3 inches (7.5 centimeters) of
clearance between any body part and the primary enclosure;
(d) A marine mammal may be restricted in its movements according to professionally accepted
standards of care when freedom of movement would constitute a danger to the animal or to handlers or
other persons.
(e) All marine mammals contained in a given primary enclosure shall be of the same species and be
maintained in compatible groups. A marine mammal that has not reached puberty shall not be
transported in the same primary enclosure with an adult marine mammal other than its mother. Socially
dependent animals (e.g., siblings, mother, and offspring) transported in the same conveyance shall be
allowed visual and, when appropriate for the species, olfactory contact. A female marine mammal shall
not be transported in the same primary enclosure with any mature male marine mammal.
§ 14.132 Food and water.
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A marine mammal shall not be transported for more than a period of 36 hours without being offered
suitable food unless the shipper's written instructions or the shipper's attendant travelling with the
mammal direct otherwise. After feeding, a marine mammal shall be rested for 6 hours prior to resuming
transport.
§ 14.133 Care in transit.
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(a) Any marine mammal shall be accompanied, in the same conveyance, by the shipper or an
authorized representative of the shipper knowledgeable in marine mammal care to provide for the
animal's health and well-being. The shipper or representative shall observe such marine mammals to
determine whether or not they need veterinary care and shall provide or obtain any needed veterinary
care as soon as possible. Care during transport shall include the following (on a species-specific basis):
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(1) Keeping the skin moist or preventing the drying of the skin by such methods as covering with wet
cloths, spraying it with water or applying a nontoxic emollient;
(2) Assuring that the pectoral flippers (when applicable) are allowed freedom of movement at all times;
(3) Making adjustments in the position of the mammal when necessary to prevent necrosis of the skin at
weight pressure points; and
(4) Calming the mammal to prevent struggling, thrashing, and other activity that may cause overheating
or physical trauma.
(b) Unless otherwise directed by a shipper or authorized representative, at least one-half of the floor
area in a primary enclosure used to transport sea otters to the United States shall contain sufficient
crushed ice or ice water to provide each otter with moisture necessary to maintain its hair coat by
preventing it from drying and to minimize soiling of the hair coat with urine and fecal material.
(c) A marine mammal exhibiting excited or otherwise dangerous behavior shall not be taken from its
primary enclosure except under extreme emergency conditions and then only by the shipper or other
authorized individual who is capable of handling the animal safely.
Specifications for Elephants and Ungulates
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§ 14.141 Consignment to carrier.
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Species that grow antlers shall not be accepted for transport unless the antlers have been shed or
surgically removed.
§ 14.142 Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located on at least two walls of a
primary enclosure. When the required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area
of each ventilated wall. When ventilation openings are located on all four walls of the primary enclosure,
the openings shall comprise at least 8 percent of the total surface area of each wall. At least one-third of
the minimum area required for ventilation shall be located on the lower one-half of the primary enclosure
and at least one-third of the total minimum area required for ventilation shall be located on the upper
one-half of the primary enclosure.
(b) No more than one elephant or ungulate shall be transported in a primary enclosure, except that: a
mother and nursing young may be shipped in the same primary enclosure if the shipment complies with
the provisions of §14.105(b); in the case of land or sea transport, a pair of juvenile elephants or
ungulates or other pairs that have been habitually housed together may be shipped in the same primary
enclosure.
(c) A primary enclosure used to transport an elephant or ungulate shall be large enough to allow the
animal to lie or stand in a natural upright position with the head extended, but not large enough for the
animal to roll over.
(d) A primary enclosure used to transport an elephant or ungulate with horns or tusks shall be designed
and constructed to prevent the horns or tusks from becoming trapped or injuring the animal itself, other
animals nearby, attendants, or cargo handlers.
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(e) A primary enclosure for an elephant or ungulate shall be equipped with a removable water trough
that can be securely hung within the enclosure above the floor and can be filled from outside the
enclosure.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
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§ 14.151 Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located on at least two walls of a
primary enclosure. When the required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area
of the ventilated wall. When ventilation openings are located on all four walls, the openings shall
comprise at least 8 percent of the total surface area of each wall. At least one-third of the total minimum
area required for ventilation of the primary enclosure shall be located on the upper one-half of the
primary enclosure.
(b) No more than one sloth, bat, or flying lemur (Cynocephalidae) shall be transported in a primary
enclosure. However, a mother and her nursing young being transported for medical reasons, an
established male-female pair, a family group, a pair of juvenile animals that have not reached puberty, or
other small groups of animals that have been habitually housed together may be shipped in the same
primary enclosure.
(c) A primary enclosure used to transport sloths, bats, or flying lemurs shall be large enough to ensure
that each animal has sufficient space to move freely and in a normal manner and shall have a wide
perch, bar, or mesh of suitable strength fitted under the top of the enclosure and spaced from it in such a
way that the animals may hang from it freely in a natural position.
Specifications for Other Terrestrial Mammals
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§ 14.161 Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located on at least two walls of a
primary enclosure. When the required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area
of each ventilated wall. When openings are located on all four walls of the enclosure, the openings shall
comprise at least 8 percent of the total surface area of each wall. At least one-third of the minimum area
required for ventilation shall be located on the lower one-half of the enclosure, and at least one-third of
the total minimum area required for ventilation shall be located on the upper one-half of the enclosure.
(b) No more than one terrestrial mammal (other than rodents) shall be transported in a primary
enclosure. However, a mother and her nursing young may be shipped in the same primary enclosure if
the shipment complies with the provisions of §14.105(b).
(c) More than one rodent may be transported in the same primary enclosure if they are members of the
same species and are maintained in compatible groups. Rodents that are incompatible shall be
transported in individual primary enclosures that are stored and transported so they are visually
separated. A female with young being transported for medical reasons shall not be placed in a primary
enclosure with other animals. The following chart specifies maximum densities minimum space for
transporting rodents that fall within the specified weight limitations. Max. No. refers to maximum number
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per primary enclosure; Space/animal refers to minimum area of floor space per animals. Rodents
weighing more than 5,000 grams shall be transported in individual enclosures.
Density Guidelines for Rodents
Max. No.
wt. in grams of rodent:
220 or less
220–450
450–1000
1,000–5,000
20
12
6
2
Space/Animal
cm/2/
in/2/
194
388
770
2,310
30
60
120
360
Ht. of Box
cm
in
15
20
25
30
6
8
10
12
(d) A primary enclosure used to transport terrestrial mammals shall be large enough to ensure that each
animal has sufficient space to turn around freely in a normal manner. The height of the primary
enclosure shall provide adequate space for the animal to stand upright in a normal posture with space
above its head. The length of the primary enclosure shall be great enough to enable the animal to lie in
a full prone position.
Specifications for Birds
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§ 14.171 Consignment to carrier.
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(a) A personally owned pet bird originally transported from the United States and being returned to this
country with its original United States certificate of veterinary inspection within 60 days of departure may
be accepted by a carrier without a new veterinary examination.
(b) No carrier shall accept for transport to the United States any bird that was captured in the wild unless
a qualified veterinarian, authorized by the national government of the country from which the bird is
being exported, certifies that the bird has been held in captivity for at least 14 days.
§ 14.172 Primary enclosures.
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(a) A primary enclosure for birds shall have ventilation openings on two vertical sides that comprise at
least 16 percent of the surface area of each side and are positioned so as to decrease the likelihood of
creating a draft.
(b) Perches shall be provided for birds that rest by perching. The diameter of the perch shall be sufficient
to permit the birds to maintain a firm, comfortable grip. Perches shall be placed so that droppings do not
fall into food or water troughs or onto other perched birds. There shall be enough head room to allow the
birds to move onto and off the perches without touching the top of the enclosure.
(c) An enclosure used to transport one or more birds that rest by perching shall be large enough to
ensure that sufficient perch space is available for all birds to perch comfortably at the same time. No
more than 50 birds that rest by perching shall be transported in one primary enclosure, with the
exception of large birds (longer than 23 cm, or 9 inches), which are limited to a maximum of 25 per
primary enclosure.
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(d) A primary enclosure used to transport a raptorial bird shall be large enough to transport the bird
comfortably and to permit it to turn around without stretching its wings to the fullest extent. Only one
raptorial bird shall be contained in a primary enclosure.
(e) A primary enclosure containing nonraptorial birds that do not rest by perching shall be large enough
for the birds to turn around, to lie down, to stand erect, and to change posture in a normal manner.
(f) Nectar-feeding birds shall either be transported in a primary enclosure equipped with feeding bottles
accessible from outside the enclosure for replenishment or hand-carried and fed in accordance with the
written instructions of the shipper.
(g) Birds transported in the same primary enclosure shall be of the same species and be compatible with
one another. Birds that are incompatible shall be placed in individual primary enclosures and these
enclosures shall not be stored or transported in visual proximity to one another.
Subpart K—Captive Wildlife Safety Act
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Source: 72 FR 45946, Aug. 16, 2007, unless otherwise noted.
§ 14.250 What is the purpose of these regulations?
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The regulations in this subpart implement the Captive Wildlife Safety Act (CWSA), 117 Stat. 2871, which
amended the Lacey Act Amendments of 1981, 16 U.S.C. 3371–3378, by adding paragraphs 2(g), 3(a)
(2)(C), and 3(e) (16 U.S.C. 3371, 3372).
§ 14.251 What other regulations may apply?
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The provisions of this subpart are in addition to, and are not in place of, other regulations of this
subchapter B that may require a permit or describe additional restrictions or conditions for the
importation, exportation, transportation, sale, receipt, acquisition, or purchase of wildlife in interstate or
foreign commerce.
§ 14.252 What definitions do I need to know?
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In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise
requires, in this subpart:
Accredited wildlife sanctuary means a facility that cares for live specimens of one or more of the
prohibited wildlife species and:
(1) Is approved by the United States Internal Revenue Service as a corporation that is exempt from
taxation under §501(a) of the Internal Revenue Code of 1986, which is described in §§501(c)(3) and 170
(b)(1)(A)(vi) of that code;
(2) Does not commercially trade in prohibited wildlife species, including offspring, parts, and products;
(3) Does not propagate any of the prohibited wildlife species; and
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(4) Does not allow any direct contact between the public and the prohibited wildlife species.
Direct contact means any situation in which any individual other than an authorized keeper or caregiver
may potentially touch or otherwise come into physical contact with any live specimen of the prohibited
wildlife species.
Licensed person means any individual, facility, agency, or other entity that holds a valid license from and
is inspected by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service
(APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq. ) (See definition of “licensee” in 9
CFR 1.1.).
Prohibited wildlife species means a specimen of any of the following eight species: Lion ( Panthera leo ),
tiger ( Panthera tigris ), leopard ( Panthera pardus ), snow leopard ( Uncia uncia ), clouded leopard
( Neofelis nebulosa ), jaguar ( Panthera onca ), cheetah ( Acinonyx jubatus ), and cougar ( Puma
concolor ) or any hybrids resulting from the breeding of any combination of any of these species, for
example, a liger (a male lion and a female tiger) or a tiglon (a male tiger and a female lion), whether
naturally or artificially produced.
Propagate means to allow or facilitate the production of offspring of any of the prohibited wildlife species,
by any means.
Registered person means any individual, facility, agency, or other entity that is registered with and
inspected by APHIS under the AWA (See definition of “registrant” in 9 CFR 1.1.).
§ 14.253 What are the restrictions contained in these regulations?
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Except as provided in §14.255, it is unlawful for any person to import, export, transport, sell, receive,
acquire, or purchase, in interstate or foreign commerce, any live prohibited wildlife species.
§ 14.254 What are the requirements contained in these regulations?
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In order to qualify for the exemption in §14.255, an accredited wildlife sanctuary must maintain complete
and accurate records of any possession, transportation, acquisition, disposition, importation, or
exportation of the prohibited wildlife species covered by the CWSA. These records must be up to date,
and must include the names and addresses of persons to or from whom any prohibited wildlife species
has been acquired, imported, exported, purchased, sold, or otherwise transferred; and the dates of
these transactions. The accredited wildlife sanctuary must maintain these records for 5 years, must
make these records available to Service officials for inspection at reasonable hours, and must copy
these records for Service officials, if requested. In addition, by declaring itself to be accredited under this
subpart, a wildlife sanctuary agrees to allow access to its facilities and its prohibited wildlife specimens
by Service officials at reasonable hours.
§ 14.255 Are there any exemptions to the restrictions contained in these regulations?
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The prohibitions of §14.253 do not apply to:
(a) A licensed person or registered person;
(b) A State college, university, or agency;
(c) A State-licensed wildlife rehabilitator;
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(d) A State-licensed veterinarian;
(e) An accredited wildlife sanctuary; or
(f) A person who:
(1) Can produce documentation showing that he or she is transporting live prohibited wildlife species
between persons who are exempt from the prohibitions in §14.253; and
(2) Has no financial interest in the prohibited wildlife species other than payment received for
transporting them.
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| File Type | application/pdf |
| File Title | http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c5092a |
| Author | HGrey |
| File Modified | 2007-09-20 |
| File Created | 2007-09-20 |